HARVILASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India has been filed by sole petitioner, Harvilash Singh son of Sri Liladhar, with a prayer to issue a writ of certiorari quashing order dated 22.04.1994 (Annexure-1 to writ petition) passed by Superintendent Central Jail, Bareilly imposing punishment of reduction in pay by putting him at the lowest of scale for a period of 10 years with cumulative effect and also denying full salary for the period of suspension, except the amount of subsistence allowance already paid. It has also said that petitioner shall also not be paid the enhanced subsistence allowance by 3/4 since delay in inquiry was attributable to petitioner. However, his period of suspension has been directed to be treated on duty and period of absence from 06.11.1991 to 19.02.1992 has also been directed to be treated as leave and regularized accordingly. The further order challenged by petitioner is dated 30.04.2002 passed by Deputy Inspector General (Jail), Bareilly Range, Bareilly dismissing his appeal against aforesaid order of punishment dated 22.04.1994.

(2.) Facts, in brief, giving rise to present writ petition are that petitioner was appointed as Bandi Rakshak in the year 1981 and posted at District Jail Agra. In 1991 he was posted at Sampurna Nand Sivir, Sitarganj, Nainital and required to look after prisoners of Command No. 5, who were directed to work in Garden. As directed, these prisoners were taken from barrack to the field to perform their manual work. One, C.L. Dube, Deputy Jailor had personal enmity with petitioner who belong to Scheduled Caste and was not cooperating with Sri C.L. Dube in his illegal work. Sri Dube, required petitioner to provide two persons for his (Sri Dube) private work without any written document, which petitioner denied. Petitioner, therefore, was implicated in a false case and he was placed under suspension on 19.02.1992 (Copy whereof has been filed as Annexure SCA-2 to supplementary counter affidavit). A charge sheet dated 12.03.1992 was served upon him alongwith covering letter dated 30.03.1992 and the same was served at the permanent residence of petitioner, i.e., Village Kharkhauli Khurd, Post Jakhaili, District Budaun. It contains following four charges:

(3.) The evidence relied in support of charges is mentioned in charge sheet and read as under: