ANAND RAO Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the petitioner who is a prisoner in the Central Jail, Gwalior seeks quashing of an order dated 22nd April, 1981 passed by the Inspector-General of Prisons by which remission of four months and three days earned by the petitioner has been forfeited. The main grievance of the petitioner in the petition is that no opportunity was given to him to explain his conduct before imposing the punishment.

(2.) WE have heard Shri D. M. Dharma-dhikari as amicus curiae who has taken us through the relevant provisions, and Shri Rajendra Tiwari, Government Advocate for the respondents.

(3.) SECTION 45 of the Prisons Act enumerates the acts which are prison offences. Section 59 further authorises the State Government to make rules on various matters mentioned in that section. One of the matters mentioned is "defining the acts which shall constitute prison offences. " Thus, by rules, the State Government can supplement the prison offences enumerated in Section 45. Rule 723 in the Jail Manual enumerates the acts which are also prison offences. Abetting the commission of any prison offence, which is item No. 8 in Rule 723, is itself a prison offence. Punishments for prison offences are mentioned in Rule 724. Forfeiture of remission earned in excess of one month is a major punishment under this provision. Rule 734 (1) provides that every commission of a prison offence shall be reported to the Superintendent who shall make such enquiries as may be found necessary and come to a decision as to the commission of the said offence or otherwise. The rule further provides that a record of the enquiry has to be maintained mentioning (a) name of the prisoner, (b) prison offence reported, (c) date of offence, (d) details of offence, (e) name of witnesses proving the offence, (f) finding of the competent authority and the reasons therefor and in the case of punishment awarded, the nature thereof, and (g) date of infliction of the punishment.