NAND LAL THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application, under Article 226 of the Constitution of India, has been filed for following reliefs:-

(2.) Brief fact, as stated in the writ application, is that the petitioner was initially appointed on the post of "Warder" and was posted in the District Jail, Hajipur. While the petitioner was posted at Mandal Jail, Hajipur, on 11/11/2011, an under-trial prisoner namely Mansoor Khan escaped from the jail, for which, an inquiry was conducted by A.I.G. (Prisons) Bihar, Patna and according to inquiry report dtd. 19/11/2011 conducted by him, petitioner alongwith three others namely Sri Vishwanath Ram, Sri Jagdish Sharma and Sri Shambhu Nath Das were found prima facie to be responsible for the said lapses and accordingly, a departmental inquiry was recommended against these four persons. Thereafter, vide order dtd. 21/6/2012, the conducting officer and presenting officer were appointed. The conducting officer submitted his report dtd. 7/1/2013 to the respondent no. 3/Inspector General stating therein that charges against the petitioner, Vishwa Nath Ram and Shambhu Nath Das were proved, while the charge was not proved against Jagdish Sharma and he was exonerated from the departmental proceeding.

(3.) Thereafter, 2nd show cause notice dtd. 5/3/2013 was issued by the concerned respondent to the petitioner and other two persons alongwith inquiry report dtd. 7/1/2013 and petitioner filed reply to the 2nd show cause pointing out several irregularities and discrepancies in the inquiry report, but the same was not considered by the disciplinary authority and the Inspector General issued order of dismissal from service to the petitioner and other two persons, vide Memo No. 1335 dtd. 12/3/2014 (Annexure " 8), which was confirmed by the Appellate Authority, vide order dtd.14/7/2014 (Annexure " 1). Both orders are under-challenge.