GOVERNMENT OF ANDHRA PRADESH Vs. M.D. WAHAJUDDIN

JUDGEMENT

(1.) A victim of fate or that of the circumstances, the respondent, who had a smooth sail as a Police Constable, his whole world turned topsy-turvy, overnight. Unsuspecting that 06.12.1989 would be the day, which would push him along with his family into the dark days, he went on his duty as usual. As his ill fate would have it, he was entrusted with the work of escorting a young but wily under-trial prisoner, by name, Gandikota Lachamma, W/o. Venkataiah, aged 25 years, from Jangaon Police Station to Central Prison, Warangal, along with another Police Constable (P.C.502).

(2.) The respondent along with P.C.502 took the remand prisoner from Jangaon Police Station to Warangal. After alighting at Hanamkonda, they have boarded the local bus to reach the Central Prison. Before they reached the destination, the remand prisoner has quietly given a slip and escaped from the scene. Panicked, the respondent made a frantic search for tracing out the prisoner but in vain. Twenty-four hours thereafter, not left with any other option, he lodged a report at the Hanamkonda Police Station. Registration of First Information Report notwithstanding, the prisoner was not to be traced. P.C. No.502 (since deceased) nowhere in picture from 06.12.1989 reported back to duty only on 09.12.1989.

(3.) Departmental proceedings were initiated against the respondent for his alleged lethargic attitude, gross negligence and irresponsible behaviour. By order dt.18.12.1989 petitioner No.4 has kept the respondent under suspension. On 26.05.1990, a single charge was framed and an enquiry officer was appointed for holding enquiry. During the enquiry, the Presenting Officer has produced seven witnesses P.Ws.1 to 7 on the departments side. The respondent delinquent has produced D.Ws.1 to 3 on his side.