RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Ramesh Kumar has filed the present petition under Section 482, Cr.P.C. read with Articles 226/227 of the Constitution of India, for quashing of jail punishment dated 29.1.1993 (Annexure P-1) awarded by the Superintendent, Central Jail, Ambala.

(2.) PETITIONER was convicted and sentenced to undergo imprisonment for life by the Ist Additional Sessions Judge, Rohtak, on 12.9.1985. Since then, he has continuously been undergoing sentence for imprisonment for life. Petitioner had filed a petition from jail in this Court i.e. Cr. Misc. No. 4444-M of 1992 in which he had levelled certain allegations for not releasing him prematurely. The said petition was dismissed by this Court on 15.9.1992. After the dismissal of the petition, the Assistant Superintendent, Jail, on 29.1.1993 recorded that the petitioner had levelled different types of allegations against the Additional Director General of Prisons. As the petition was dismissed, the Additional Director of Prisons decided to take action against the petitioner. The Deputy Superintendent, Jail, vide note dated 29.1.1993 opined that to level wrong allegations against high officers is grave indiscipline and is a jail offence Hence, the petitioner deserved deterrent punishment. Vide order of even date i.e. 29.1.1993, the Superintendent Jail, concurred with the note made by the Assistant Superintendent and Deputy Superintendent, Jail and punished the petitioner for violating jail rules under para 609 (5) of the Jail Manual. Consequently, the petitioner was punished and 90 days' remissions were withdrawn and the matter was sent to the head office for approval of Additional Director and judicial appraisal of punishment from the Sessions Judge, Ambala. Session Judge, Ambala, vide letter dated 5.2.1993 from the office of the Superintendent District and Sessions Judge, informed the Superintendent, Jail stating thus :-

(3.) IN response to the notice of this petition, respondents have filed reply in which they have stated that making false allegations against high officers is a serious jail offence and for that the petitioner was awarded punishment of 90 days' remission which was judicially appraised by the District and Sessions Judge, Ambala.