BHAJAN SINGH Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) Through this writ petition, the petitioner seeks the quashment of orders dated 24.5.1984 and 5.6.1989 of the concerned Superintendent, Central Jail, awarding punishment to the petitioner for certain misconduct under Sections 45 and 46 of the Prisons Act mainly on the ground that proper procedure was not followed in awarding the punishment and that the petitioner was not afforded any opportunity to defend his case. In return filed by Shri Ranbir Singh Sanga, Superintendent, Central Jail, Ambala, on behalf of the respondents, it is maintained that the petitioner was awarded different punishments vide orders dated 23.5.1989 and 5.6.1989 after following due procedure.

(2.) I have heard the learned counsel for the parties besides perusing the record.

(3.) The order dated 24.5.1989 being more than five years old would have not adverse reflection in considering the premature release of the petitioner as the misconduct of the prisoner inside the jail would not continue to operate as such for all times to come as that will take away the incentive to improve his conduct. It is the consistent view of this court that such like misconduct resulting in order of punishment should be taken into consideration for a period of five years for withholding any concession to the petitioner by way of premature release etc. The decision of this Court in Gurmit Singh v. State of Punjab and another, 1988 2 RCR(Cri) 530 can be safely referred to in this regard.