RAM NIWAS Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE petitioner has been dismissed from service by the order dated 24.02.2010 while serving as a Jail Warder under the control of the Director General of Prisons, Haryana. He had put in 17 years of service by them. The reason for dismissal is desertion of duty without availing leave or permission. The petitioner was transferred from Central Jail, Hisar to District Jail, Gurgaon vide transfer order dated 08.07.2009. He was relieved by the Superintendent, Central Jail, Hisar vide order dated 09.07.2009 but the petitioner did not join duty at District Jail, Gurgaon as conveyed by Superintendent, District Jail, Gurgaon vide letter dated 27.01.2010. The petitioner has been dismissed without inquiry by resorting to provisions of article 311(2)(b) of the Constitution of India with a finding that it is not reasonably practicable to hold an inquiry. The petitioner was found maintaining unprofessional liaison with prisoners and due to his conduct Warder Gurvinder Singh was shot dead by a prisoner. The SSP, Hisar by his letter dated 29.10.2009 had intimated that the petitioner was instrumental in enabling a criminal Devender Chawla to get parole on the basis of fudged records. It was alleged that the sureties of Devender Chawla for availing parole was arranged by the petitioner after pocketing Rs. 30,000/ - from Devender Chawla. The petitioner enabled prisoner Devender Chawla to sell the jailbird's gold ring and chain clandestinely to raise the bribe for his parole for illegal gratification. The Inspector General of Prisons, Haryana verified facts and endorsed the view of the SSP, Hisar that money passed hands. The SSP, Hisar had give many opportunities to the petitioner to present his case in defence but he remained absconding from duty since 09.07.2009. The statutory appeal against the order of dismissal was rejected vide order dated 27.08.2012 (P -12). The petitioner was heard in person by the Director General of Prisons before passing the impugned order on 09.08.2012. He pleaded mercy. His further appeal to State Government was turned down on 31.07.2013. While on parole by order of the trial court, Devender Chawla did not surrender on 18.08.2009 the date fixed for surrendering. After jumping parole he was arrested on 06.10.2009, but not before he could be he committed two murders of Inderjeet Gabba r/o Hansi on 28.08.2009 and of Gurvinder, the jail warden at Hisar Jail on 07.09.2009. Devender Chawla had while on the run also attempted on 04.09.2009 to commit murder of Ramesh r/o Hisar who is the brother of his father -in -law. Devender Chawla is said to have entered the world of crime in 1997 and had committed 10 serious crimes till 2006 including 3 murders, the first of which was allegedly committed in 1997.

(2.) THE explanation furnished by the petitioner for absence from duty was the stock defence that he was ailing and, therefore, could not report for duty. The petitioner has ex post facto placed reliance on medical certificates to show that he was ill and unable to travel. Although he was intimated vide letter dated 23.02.2010 by the Superintendent, Central Jail, Hisar to appear before the Director General of Prisons, Haryana for personal hearing at 10.00 A.M. on 24.02.2010 but he did not avail of the opportunity. Therefore, the petitioner cannot complain that he was not heard before the impugned order was passed. In the circumstances, the petitioner cannot be heard to complain that his dismissal from service was visited without holding a regular inquiry into his misconduct he had created such situation that it may not have been reasonably practicable to hold enquiry. The order of dismissal though was preceded by a confidential enquiry conducted by the Inspector General of Prisons (Inquiry Officer) the findings of which have been recorded in the impugned order as follows: -

(3.) The aforesaid warder was called for inquiry on 24.2.2010 at the Headquarter but he did not appear.