DAYANAND YADAV Vs. STATE OF U P

JUDGEMENT

(1.) -Heard counsel for the parties and perused the record.

(2.) THE petitioner was appointed as Warder/Bandi Rakshak on 15.1.1986. THE District Magistrate, Pratapgarh along with Senior Superintendent of Police, Pratapgarh visited the District Jail, Pratapgarh and made a spot inspection on 19.6.2002. Barracks were searched. In the search a Mobile phone was recovered from one Kundan Singh, a convict in Barrack No. 3. THE petitioner was suspended in contemplation of an enquiry for being negligent on duty resulting in entry of unauthorized/objectionable material in the jail. THE order of suspension impugned in the writ petition dated 21.6.2003 is as under : ...[VERNACULAR TEXT OMMITED]...

(3.) IT is also contended that the charge is not so as to result in any major punishment or dismissal/ removal of the applicant from service and as such the suspension order is bad. IT is further contended that the petitioner is being made a scape goat in order to shield superior officers.