(1.) HEARD Sri Amit Bose, learned counsel for the petitioner, Sri Amitabh Rai , learned Standing Counsel and perused the record. Undisputed facts of the case are that on 23.6.1996 petitioner (Deena Nath Vishwakarma) alongwith Yadunath Singh, Ram Das, Sweeper and Sri K.K. Srivastava were deputed for escorting accused Mithlesh Kumar Srivstava alias Natwarlal from District Jail, Kanpur to All India institute of Medical Sciences, New Delhi for treatment. After getting the accused medically examined from the Institute, reached New Delhi Railway Station and on reaching railway station, the sweeper and one of the constable went to platform no.1 of the New Delhi Railway Station for getting a wheel chair for transporting the accused to platform no.8 and after getting the wheel chair, the police party and accused person reached platform no.8 but on reaching there they came to know that the train on which they had to travel from New Delhi to Kanpur had left and next train to Kanpur at 5.00 a.m. in the morning . So the aforesaid party alongwith accused person went to platform no. 5 and on reaching there the accused person was allowed to sit on a bench .
(2.) FURTHER in order to deposit the wheelchair taken to carry the accused, the sweeper alongwith one constable went to platform no.1 and after depositing it, when they reached platform no.5 they found that accused had escaped from platform no.5, so they approached police Station Government Railway police at New Delhi and narrated the entire story that the accused Sri Mithlesh Kumar Srivastava alias Natwarlal had escaped. On 25.6.1996 at 1.30 a.m., an First Information Report was lodged by Sri Dhaniram Singh, Sub Inspector of the police at Police Station Government Railway Police, New Delhi against the petitioner and Constable Yadunath Singh and on the basis of the aforesaid First Information Report , a case crime no. 422 of 1996 under Section 223/224 IPC has been registered at Police Station, Government Railway Police, New Delhi.
(3.) DURING the pendency of the criminal trial , Senior Superintendent of Police, Kanpur Nagar instituted a departmental inquiry against the petitioner and Constable Yadunath Singh under Rule 14(1) of the U.P. Police Officers of the Subordinate Ranks ( Punishment and Appeal ) Rules, 1991 ( herein after referred to as Rules , 1991') relating to the escaped of accused Mithlesh Kumar Srivastava alias Natwarlal from the custody of the petitioner in the mid night of 24/25.6.1996, departmental inquiry has been entrusted. On 21.7.1997 a charge -sheet was issued to the petitioner to which he on 24.8.1997 submitted his reply denying the charges, after conducting the disciplinary proceeding as per rules, the inquiry officer submitted a inquiry report dated 6.3.1998. In the inquiry report , on the basis of materials/ evidence on record, the inquiry officer has given findings which is quoted below: - .........[vernacular ommited text]...........
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