M MANICKAM Vs. SECRETARY TO GOVERNMENT HOME DEPARTMENT

JUDGEMENT

(1.) PETITIONER seeks to quash the order issued in G. O. Ms. No. 869 Home (Prison-I) Department, date 19. 9. 2002 in this writ petition.

(2.) THE brief facts necessary for disposal of the writ petition are as follows.

(3.) THE respondent herein filed a counter affidavit in which it is stated that a preliminary enquiry was conducted on the escape of the prisoner as alleged in the news report published in Dinamalar and Indian Express and the petitioner who was a Jailer, being the Chief Executive of the Prison, should have informed about the incident to his higher officials and as per Rule 32 of the Prison Mannual, Volume-II, petitioner suppressed the fact and even made bogus entries in the relevant register to show as if the prisoner was released on bail as per the orders of the Judicial Magistrate, Poonamallee and sent a false report to the higher officials and hence the disciplinary action was initiated under Rule 17 (b) as stated supra and an enquiry was conducted and based on the proven charges, petitioner was imposed with punishment of postponement of next increment for two years without cumulative effect. In the counter affidavit it is further stated that the signature which was found in the bail bond was doubtful and therefore the order imposing punishment is legal and valid.