KHAGEN CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Since the causes of action are similar in these 2 (two) writ petitions involving a common Departmental Proceeding, the same are taken up for disposal by this common judgment.

(2.) The petitioners in these 2 (two) writ petitions are Warders, who were at the relevant time posted in the Central Jail, Guwahati. On 07.10.2013, in the evening counting made at 6.30 p.m., one prisoner was found missing. Alleging negligence on the part of the petitioners, a Departmental Proceeding was initiated by issuance of Show-Cause notices. The petitioners filed their respective statements of defence denying the allegations which resulted in an initiation of a Departmental Inquiry. On completion of the inquiry, a report was submitted by the Inquiry Officer on 21.05.2014. After consideration of the reply of the petitioners, the impugned orders of penalty were issued, the details of which are given herein below.

(3.) The petitioner in WP(C)/677/2015 (Md. Gulenur Ali), the penalty was for withholding of one increment with cumulative effect for one year and the period of suspension to be treated for pension only vide order dated 07.07.2014.