T C SHARMA Vs. I G OF PRISONS

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution the petitioner challenges an order dated 1lth October, 1974 passed by the Inspector General of Prisons, dismissing the petitioner from service.

(2.) THE petitioner, at the relevant time, was in service of the Government of Madhya Pradesh as a Deputy Jailor. He was incharge Jailor of Alirajpur jail. On 1st June, 1972, twenty six prisoners were able to make good their escape from the jail between 12 noon and 1 p. m. . There was a departmental enquiry against the petitioner. Three charges were levelled against him in that enquiry. The first charge was that there was failure to discharge his duties as incharge Jailor including lack of supervision leading to laxity in observance of Security Rule. The second charge was that the petitioner never checked and verified that the gates of the jail ware locked in accordance with the Rules. The third charge was that the petitioner sent Guard Jairam, who was on duty at the gate, for his personal work without replacing another guard in his place. The departmental enquiry was conducted by the Superintendent, District jail, Alirajpur. The inquiry officer held that the charges Nos. 1 and 2 were proved against the petitioner. On the basis of the report of the inquiry officer, a show cause notice proposing the punishment of dismissal was issued by the then Inspector Genral of Prisons, Shri L. S. Naidu. The Petitioner submitted his explanation. Shri Naidu, by his order dated 26th November, 1973, held that charges Nos. 1 and 2 were proved against the petitioner. Shri Naidu was, however, of opinion that having regard to the petitioner's past record, dismissal or removal from service would be too severe a punishment. Shri Naidu, therefore, imposed upon the petitioner the punishment of reduction to one lower stage in the time scale of pay for three years without affecting future increments. After retirement of Shri Naidu, Shri S. P. Singh became the Inspector General of Prisons. On 30th March, 1974 a notice was issued by Shri Singh to the petitioner to show cause why the previous order imposing upon him the punishment of reduction to one lower stage in the time scale of pay be not reviewed and the punishment of dismissal may not be imposed. Thereafter, on 11th October, 1974 the previous order of punishment was reviewed and the punishment of removal from service was imposed and the petitioner was removed from service from 15th October, 1974. It is this order which the petitioner challenges in this petition.

(3.) THE provision for review of an order imposing punishment is made in Rule 29 of the Madhya Pradesh Civil Service (Classification, Control and Appeal) Rules, 1966. Clause (1) of the said rule which is relevant for our purposes reads as follows: