SURENDRA KUMAR MATHUR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dtd. 17/6/2008 (Annexure P/1) passed by respondent no.2 whereby punishment of compulsory retirement from service has been imposed on him on account of certain misconduct found proved in the Departmental Enquiry. The petitioner has also prayed for a direction to the respondents to revise his pay and salary as per rules and also to extend benefit of promotion and other ancillary benefits as has been given to other employees treating him to be in service for the period in question.

(2.) The facts relevant for decision of this case are that the petitioner was posted as Assistant Jailor at Sub-jail Shivpuri. He proceeded on Casual Leave for one day on 4/12/1995. Since 3/12/1995 was Sunday, he left the headquarters in the evening of 2/12/1995. While proceeding on leave, he handed over the charge to one Jandel Singh, Head Warder posted in the Subjail.

(3.) While the petitioner was on leave on 3/12/1995, there was a quarrel took place among the prisoners in the jail premises which resulted in firing wherein, an under trial prisoner namely, Pratap was shot dead. The petitioner on receiving the information, returned back to Shivpuri at 11 P.M. on 3/12/1995. The matter was reported to the Higher Officials and on 3/12/1995 itself, the petitioner alongwith Head Warder Jandel Singh, Warder Ram Swaroop and Warder Prem Shankar Shrivastava were placed under suspension. A charge-sheet was later on issued to the petitioner on 15/12/1995 (Annexure P/2). Separate charge sheet was issued to other incumbents. Against the petitioner, following three charges were levelled: <IMG>JUDGEMENT_28_LAWS(MPH)5_2025_1.jpg</IMG>