NACHATTAR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This case represents an ugly face of drug abuse and drug running in a Punjab jail facilitated by jail officials. The petitioner was a Warder posted in Central Jail, Bathinda on the date of the incident i.e. 5th May, 2012, which led to the drastic administrative action taken against him dismissing him from service of the Jail Department, Punjab. On 5th May, 2012, the petitioner was admittedly on duty at Tower No. 2, when on suspicion a prisoner namely Jarnail Singh @ Jaila was searched by the Head Warder Mohan Singh in the presence of the Deputy Superintendent, Jail. They search party found on Jarnail Singh's person 400 pills of Alprex and Lomotil along with four currency notes of Rs. 500 denomination each. Also found was a polythene bag containing 150 gms of broken brick. On being asked from where the drugs came, Jarnail Singh confessed to the Deputy Superintendent that the petitioner - Nachattar Singh gave him these pills to be supplied in the prison and money was to be given to him for helping out. Further still, the petitioner was to supply more pills to be sold inside the prison stock coming between 12.00 to 3.00 PM while he was on duty.

(2.) The prosecution story is that the Deputy Superintendent, Head Warder Mohan Singh and Warder Harbans Singh went to search the petitioner at Tower No. 2 from where they recovered 1000 drug pills from his trouser pocket. Soon thereafter FIR No. 78 was registered under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act 1985 against the petitioner and prisoner Jarnail Singh lodged at Police Station Civil Lines Bathinda. The petitioner was arrested on the same day at 5.00 PM. He was suspended from service on 8th May, 2012 by the Superintendent Central Jail, Bathinda w.e.f. 5th May, 2012. Apart from the criminal proceedings launched, a departmental inquiry was instituted against the petitioner for the commission of the same offence as in the criminal case. However, instead of concluding the inquiry, the petitioner was dismissed from service on 9th April, 2013 invoking Article 311(2) (b) of the Constitution of India holding that it was not reasonably practicable to hold an inquiry against the petitioner. The Special Judge, Bathinda acquitted the petitioner vide judgment dated 12th November, 2014 and while relying on several infirmities in the case of the prosecution, the Court thought it safe to conclude that the prosecution failed to prove its case free from doubt.

(3.) Having secured an acquittal from the criminal court on a drug charge, the petitioner claimed reinstatement in service by making a representation/appeal for justice to the department. When he did not receive response on the representation, he filed CWP No. 19593 of 2014 before this Court. The petition was disposed of on 19th September, 2014 with a direction to the competent authority to consider and decide the appeal of the petitioner as expeditiously as possible, preferably within a period of three months from the date of receipt of certified order. In reconsideration of the case, the disciplinary authority recalled the order of dismissal dated 9th April, 2013. This fresh order was passed on 7th January, 2015. The Additional Director General of Police (Jails), Punjab, Chandigarh while setting aside the dismissal order passed under Article 311(2 (b) gave liberty to the Superintendent, Headquarter Jail, Ferozepur to initiate disciplinary inquiry under rules within three months. A departmental inquiry lying dormant awaiting result of criminal trial was conducted against the petitioner. The petitioner participated in the inquiry. The inquiry went against him when charge was proven. The report was supplied and he was offered opportunity of personal hearing on 28th April, 2015. The petitioner has been dismissed from service on 10th June, 2015.