STATE OF PUNJAB AND ANOTHER Vs. DALJIT SINGH

JUDGEMENT

(1.) For the reasons stated in the applications, the same are allowed and delay in filing the Letter Patent Appeals is condoned. Letters Patent Appeals:

(2.) For adjudicating the issues, the facts are being referred from LPA No. 904 of 2015.

(3.) In the order of dismissal dated 1.2.2007 it has been recorded that as per Para No. 332 of the Punjab Jail Manual it is the duty of the Assistant Superintendent to visit all the parts of the jail at night, to ensure that all officers on duty remain alert and moving on their beats , that lamps are showing sufficient light and to report any unusual occurrence that may be observed in a book maintained for the purpose. But the respondent failed in his duties as a result of which the escape occurred. It has been stated that if the respondent had performed his duties sincerely and carefully, the under-trials might not have escaped from the spot by scaling the wall by taking the advantage of iron cutter and bamboo sticks. Thereby the respondent committed a grave misconduct being a member of the disciplined force. Keeping in view the sensitive nature of the duty he was expected to maintain close vigil and to ensure that everything was normal and in order.