STATE OF PUNJAB Vs. RAM SARUP

JUDGEMENT

(1.) Both the defendants-State of Punjab and Inspector General of Police (Prisons)-have come up in this appeal, feeling aggrieved by the judgment and decree dated 19.11.1992, passed by the learned First Appellate Court vide which the verdict given by the trial Court was upset and the suit filed by plaintiff Ram Sarup was decreed.

(2.) The facts necessary for disposal of the appeal are that in the year 1987 plaintiff Ram Saroop was posted as Jail Warder in sub jail, Malerkotla. On the intervening night of 30 and 31 July, 1987, he was on night duty in barrack No.3 of the sub jail from 12:00 midnight to 3:00 a.m. At about 5:00 a.m., another warder on duty reported to the Jail Superintendent that in the intervening night, two under trial jail inmates namely Pritam Singh and Daya Singh had escaped from jail. Therefore, intimation was sent to the Inspector General (Prisons). In pursuance thereof, he and other officials visited the jail. The Inspector General conducted the spot inquiry. Vide order (Annexure P-2) dated 31.07.1987, both the warders i.e. Ram Saroop and Budh Singh were dismissed from service by applying the provisions of Article 311(2) of the Constitution of India without conducting any departmental inquiry.

(3.) Subsequently both escaped persons - Prem Singh and Daya Singh were recaptured and were put to jail. Their statements were recorded. Pritam Singh has stated that both of them had escaped from jail on 30.07.1987 between 10:00 p.m. to 10:30 p.m., whereas Daya Singh has disclosed that they had escaped between 9:30 p.m. to 12:00 midnight.