HUKAM SINGH, SON OF S/O LATE SH. RAM SINGH R/O VILLAGE LATHU TEHSIL SADAR,DISTRICT MANDI, H.P. PRESENTLY WORKING AS (WARDER) SUB JAIL, KULLU, H.P. Vs. STATE OF H.P. THROUGH PRINCIPAL SECRETARY (HOME) TO THE GOVT. OF H.P., SHIMLA,

JUDGEMENT

(1.) PETITIONER has been serving as Warder in Prisons Department of Himachal Pradesh. In the year 2002, when he was posted in Open Air Jail at Bilaspur, he left his duty without permission from the local superior officer.

(2.) Also, he was alleged to be in the habit of instigating prisoners against the jail authorities, and creating indiscipline, by leveling false and frivolous allegations against the jail officials. He was charge sheeted and a regular inquiry was conducted. Inquiry Officer found him guilty and submitted the report accordingly. Disciplinary authority, i.e. Director General of Prisons, issued notice of proposed penalty, copy Annexure P -6, proposing a penalty of withholding of increments of pay for two years, with permanent effect. Petitioner submitted representation to the show cause notice. Finally, order of punishment, copy Annexure P -7, was passed on 29.9.2009. Petitioner filed appeal against the order of penalty to the appellate authority, i.e. the Government. His appeal has been dismissed vide order dated 21.8.2010, copy Annexure P -9. Petitioner has challenged the order of penalty, by filing the present writ petition. It is stated that mind had not been applied, while framing the charge and also while imposing penalty. Findings of the inquiry report have also been assailed. Prayer has been made for quashing the findings of inquiry, as also the order of punishment, passed by the disciplinary authority and the order passed by the appellate authority, dismissing the appeal against the order of punishment.

(3.) I have heard learned counsel for the parties and gone through the record.