TARA CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHILE undergoing life imprisonment in District Jail, Rohtak, in pursuance of judgment dated April 21, 1982, of learned Additional Sessions Judge, Sonepat detenu petitioner Tara Chand was assigned the duty of convict watchman by the Jail Authorities, August 28, 1986. Convict Suresh Kumar son of Kirori Mal was under supervision in the outside gang. Aforesaid convict, however, escaped from his custody on that very day itself. Convict watchman Tara Chand was thus accused of a jail offence and punishment of reduction in rank was awarded to him for it on the following day viz., August 29, 1986.

(2.) IN Criminal Writ No. 1007 of 1989, detenu-petitioner Tara Chand has challenged the jail punishment awarded to him on the grounds that the petitioner was neither heard himself nor afforded an opportunity to cross-examine Jaipal and Dharampal, who were both examined by the Jail Authorities as witnesses against him and that the alleged inquiry against him was conducted by the officiating Superintendent Jail.

(3.) I have heard Mrs. Veena Ashwani Talwar, Advocate for the petitioner, Shri Azad Singh, Advocate for the respondents and have carefully gone through the material on record.