RAJINDER SINGH SIWATCH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The unsuccessful petitioner-appellant has filed the instant appeal under Clause X of the Letters Patent against the judgment dated 8.2.2010 rendered by the learned Single Judge upholding the order, dated 25.11.2004 (P-11) along with the dissenting note, which has been passed by the competent authority disagreeing the findings recorded by the Enquiry Officer, as well as subsequent order of punishment dated 6.4.2005 (P-12) inflicting the punishment of stoppage of one annual grade increment without cumulative effect, to which approval has been accorded by the Government vide order dated 22.9.2009 (P-13), as communicated to the petitioner-appellant on 15.10.2009 (P-14). The undisputed facts of the instant appeal are that for the failure of the petitioner-appellant to control the situation in the District Jail, Sonepat, on 30.6.1999, when a quarrel had taken place between two rival groups of hard core criminals and under-trial prisoners, a charge sheet was issued to him. It is pertinent to mention here that in the said incident one of the injured convict, namely, Jaswant died on the same day. The allegation against the petitioner-appellant is that being the Deputy Superintendent of Jail, Sonepat, he did not take immediate steps to control the situation, inasmuch as he failed to ring the alarm in the jail so that the staff employed in the jail could have assembled and the situation would have come under control immediately. Secondly there was delay in shifting the seriously injured persons to hospital, which has caused death of one injured convict Jaswant and the State of Haryana has to pay compensation of ' rupees Symbols 2,00,000/- to his family members to comply with the orders of the Human Rights Commission.

(2.) After conducting the inquiry under Rule 11 of the Punjab Jail Department Executive Staff (Punishment and Appeal) Rules, 1943, the Additional Deputy Commissioner, Sonepat, who was the Enquiry Officer, absolved the petitioner-appellant of all the charges levelled against him, vide his report dated 24.11.2003 (P-10). On 25.11.2004, the Financial Commissioner and Principal Secretary, Government of Haryana, Jails Department, while disagreeing with the report of the Enquiry Officer issued a show cause notice to the petitioner-appellant proposing punishment of stoppage of two increments with cumulative effect (P-11). Copy of the dissenting note recorded by the Disciplinary Authority also accompanied with the said notice and the same is reproduced as under:

(3.) Eventually, after considering the matter sympathetically, the competent authority i.e. Commissioner and Chief Secretary, Haryana Government, Jail Department, has imposed punishment of stoppage of one annual increment without cumulative effect, vide order dated 6.4.2005 (P-12). On 22.9.2009, the Government accorded approval to the punishment order rejecting the review petition filed by the petitioner-appellant (P-13). On 15.10.2009, another order was passed communicating the decision of the Government to the petitioner-appellant (P-14).