RAN BAHADUR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner, who at the relevant time was working as a Warden in the District Jail, Siwan, has filed this writ petition challenging order dated 02.03.2010 issued by the Inspector General of Prison imposing upon him punishment of stoppage of four increments with cumulative effect, confirmation of the period of suspension and the order dated 08.07.2010 passed by the appellate authority rejecting his appeal.

(2.) It is alleged against the petitioner that on 03.08.2008 when the officials of the District Administration, Siwan conducted a raid in the jail premises, 37 mobile and other restricted articles were recovered from different wards of the District jail, Siwan and based on the report submitted by the District Magistrate to the Inspector General, Prison, Bihar, a charge-sheet was issued to the petitioner vide Annexure-6 dated 30th December, 2008, petitioner submitted his detailed explanation to the charge-sheet, vide Annexure-7, on 13.01.2009 and records indicates that an enquiry was ordered into the matter, the proceedings of the enquiry was held on a single day, i.e. on 29.06.2009 and based on the enquiry conducted, the enquiry officer submitted his report, Annexure-8, on 27.08.2009, holding the petitioner guilty of the charges levelled against him and based on this, the impugned action has been taken.

(3.) It is the case of the petitioner that before imposing punishment in question, a proper departmental enquiry has not been conducted, opportunity of defence has not been granted, documents, based on which the charges were levelled, were not supplied to him, no witness was examined in the departmental enquiry, his explanation and the statement given in the departmental enquiry were not considered and, in an illegal manner, on a single day, after concluding the enquiry, the impugned action has been taken.