ASHESHWAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and State.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner was a Jail Warder under the Bihar Government and in the year 1988-89 he had stopped one prisoner from escaping form the jail and he was recommended for promotion which was given on 19.08.1988 making him Head Warder. In March/April, 2009, he was transferred and posted as Head Warder in Central Jail, Buxar. On 31.12.2011, while being on night duty from 21:00 hours to 24:00 hours, between the nights of 18th /19th December, 2011, three prisoners managed to escape out of which one returned and this was detected at 23:45 hours on 18th December, 2011. The petitioner had gone outside the jail to call the person, who was to take over from him for the next shift, from 23:30 hours to 23:45 hours on 18th December, 2011 and upon his return, he saw that there was commotion in the jail on account of three prisoners having run away. However, one of the prisoners came back. For such incident, the petitioner along with another person was placed under suspension on 29.12.2011. A departmental proceeding was initiated and memo of charge dated 18.01.2012 was served on him. However, formal departmental proceeding was instituted by order dated 104.2012. Upon enquiry, a report was submitted by the enquiry officer on 18.09.2012 in which finding was that though the petitioner could not be entirely exonerated of the charges but against him the gravity was less. However, the disciplinary authority gave second show cause to the petitioner and finally by the order impugned dated 004.2014, punishment has been awarded in terms of Section 139 of the Bihar Pension Rules, 1950 and 50% pension has been forfeited and for the period of suspension he has been held not entitled to any payment, except for subsistence allowance.