MAN SINGH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order, dtd. 23/3/2019, (Annexure A/11) whereby punishment of dismissal from service has been imposed upon him by the Disciplinary Authority on account of misconduct found proved in the departmental enquiry. He has also challenged the order, dtd. 8/7/2019, (Annexure A/13) and 9/12/2019, (Annexure A/16) whereby his appeal and revision was dismissed by the respective Authorities.

(2.) The facts necessary for decision of this case are that the petitioner was initially appointed as Jail Prahari on 21/4/2006 on compassionate grounds. At the relevant time, he was posted at Central Jail, Gwalior. On 29/7/2018, the petitioner alongwith one Brij Bhushan Rajpoot, respondent no.4, was deployed for safety and surveillance of jail prisoners who were admitted in JAH Hospital, Gwalior in Surgical Ward No.1. One prisoner namely Bhupendra Gurjar, was also admitted in the said ward. The petitioner was assigned duty from 6:00 a.m. to 10:00 a.m. and accordingly, he joined the duty at 6:00 a.m. However, the respondent no.4 did not join the duty alongwith the petitioner. In anticipation that the respondent no.4 will also join duty soon, both the relievers namely, Santosh Yadav and Naresh Yadav, were relieved as a result of which, the petitioner alone was on duty at the relevant time. The prisoner Bhupendra Gurjar ran away from petitioner's custody at around 8:00 a.m.

(3.) In connection with the aforesaid incident, the petitioner, as also respondent no.4, was suspended on the same day and the petitioner was attached to District Jail Sheopur. Subsequently, a charge-sheet was issued to the petitioner on 3/8/2018 (Annexure A/2) whereby following charges were leveled: