NIYAJ AHAMAD ABDUL JABBAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally with the consent of Shri Samundre, learned counsel for the petitioner and Shri Mirza, APP for the respondents.

(2.) The grievance of the petitioner is that he was transferred to Special Prison, Ratnagiri on account of not doing work properly and disobeying the orders of jail authorities and in addition thereto a period of 15 days has also been deducted from the accumulated remission which according to the petitioner amounts to, double jeopardy.

(3.) The case of the petitioner is that his conduct in prison is good and he has always surrendered in time and never overstayed when he was granted parole or furlough, hence, there is no question of imposing any punishment on him. Both these contentions are denied by the Respondents. It is denied that the conduct of the petitioner is good and it is also denied that on all occasions, the petitioner surrendered in time. The affidavit filed by the respondent-State shows that it was found that the petitioner was not doing his allotted work and was irregular in his duties, hence, prison punishment was imposed on him of forfeiture of remission of 15 days. It is to be noted that this punishment was approved by the District and Sessions Judge, Nagpur, by order dated 20.10.1998. The said order has not been challenged by the petitioner in the last over 12 years.