RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an intra -court appeal under Clause X of the Letters Patent, as vide judgment dated 26.09.2013, Civil Writ Petition filed by the appellant was dismissed by the learned Single Judge.

(2.) APPELLANT was dismissed from service vide order dated 24.02.2010 while serving as a Jail Warder. Dismissal was ordered on account of desertion of duty without availing leave or permission by resorting to the provisions of Article 311(2)(b) of the Constitution of India. Appellant was found to have been maintaining unprofessional liaison with prisoners and due to his conduct Warder Gurvinder Singh was shot dead by a prisoner. Appeal against the order of dismissal was rejected vide order dated 09.08.2012 (Annexure P -12). Further, his appeal to the State Government was also dismissed on 31.07.2013. These were the orders assailed in the civil writ petition.

(3.) ISSUE , whether the punishing authority was justified and had rightly exercised its jurisdiction by invoking the provisions of Article 311(2), was examined at length by the learned Single Judge. And on a consideration of the material on record, the conclusion that was arrived at reads as thus: