UDAI NARAIN CHAUBE Vs. SUPERINTENDENT OF DISTT. JAIL

JUDGEMENT

(1.) The petitioner was the barrack incharge of barrack No. 2-A (the juvenile barrack) of District Jail, Jaunpur. On 29.10.1995 when the accident took place at 15.15 p.m. It appears for the purpose of cleaning the barrack, the petitioner brought out the prisoners including one Sri. Kirti Gupta. After 15 minutes Sri. Kirti Gupta requested for to go toilet for which the petitioner permitted. In the toilet, it appears that Sri. Kirti Gupta tried to commit suicide by throwing kerosene on his body and set fire. Later on in the absence of any medical aid he died. The petitioner was suspended on 03.11.1995 and the inquiry proceeding was initiated. The charge-sheet dated 21.11.1995 was provided to the petitioner which was replied on 28.11.1995. The Enquiry Officer in its report has held that the petitioner was responsible for such incident and held that the charges levelled against the petitioner were proved. On the basis of enquiry report a show-cause notice was given by the disciplinary authority which was replied on 09.07.1996 and on the consideration of the enquiry report and the reply filed by the petitioner, by the impugned order, the petitioner has been punished by withholding three increments. Aggrieved by the said order the present writ petition has been filed.

(2.) Learned counsel for the petitioner submitted that in the similar situation in the case of Sri. Ram Bhikari Ram Head Warder was also held responsible, but the disciplinary authority has not accepted the enquiry report and had only punished him by censor entry in the character roll, while the petitioner though stands on the same footing has been punished.

(3.) I do not find any substance in the argument of learned counsel for the petitioner.