ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by order passed by the I.G., Prisons, Bihar issued vide memo no. 1520, dated 27.2.2007.

(2.) The I.G., Prisons has exercised his powers under Rule 22 of the Bihar Government Servants (CCA) Rules, 2005 and after issuing show cause notice to the petitioner has awarded certain punishments.

(3.) The short facts of the case are that a departmental proceeding was initiated against the petitioner by which the petitioner was awarded punishments on 10.11.1988. the proceeding was challenged by the petitioner by filing an appeal before the I.G., Prisons, who set aside the order with a direction that a fresh proceeding should be instituted. The order of the I.G., Prisons is contained in Annexure-8 and has been passed on 29.10.2001. It may be relevant to state here that for the same incident an FIR was also instituted against the petitioner who was a Warden at the time when some prisoners had escaped from the jail custody. It has been alleged that the petitioner was on duty when the prisoners escaped and that he did not take proper action and was negligent in his duty, which resulted in the successful escape of the prisoners. The allegation in the departmental proceedings are similar to the allegations in criminal case instituted against the petitioner.