RAM LAKHAN YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) In this case, the petitioner is challenging the impugned Memo No. 6746 dated 4.11.2016 issued under the signature of Inspector General, Jail, Bihar, Patna by which the petitioner has been dismissed from service and has been held that he will not be entitled to anything during the suspension except subsistence allowance. Further prayer has been made to quash the memo no. 260 dated 18.1.2017 by which the appeal filed against the order of dismissal dated 4.11.2016 has been rejected and the order of punishment has been affirmed.

(3.) The petitioner at the relevant time was posted as Warden in the Biharsharif Jail. A news flashed in the newspaper "Dainik Bhaskar" dated 23.2016 under the heading Jail Me Sulekha Ne Khaya Rajballabh Ka Namak" giving details of festivity celebrated by the prisoners of jail organized by Rambhadra Yadav, an accused of rape of minor, was confined to the Biharsharif Jail, was nothing but had thrown a party in the jail premises, serving the vegetarian and non-vegetarian meal to the every inmates in the jail premises. The newspaper has given story the feast was organized with the help of jail authorities, huge quantity of materials for vegetarian and non-vegetarian were brought inside the jail but those were not entered in the register. When this news flashed, the district administration swung into action, in pursuance, the District Magistrate, Nalanda, vide Memo No. 1929 dated 23.3.2016, constituted a Three Men Joint Committee under the Chairmanship of Deputy Development Commissioner, Nalanda to enquire into the matter and submit enquiry report, the enquiry was conducted on the same day i.e. on 23.3.2016 and submitted enquiry report on 25.3.2016 for necessary action. The Committee recorded the statements of different persons, recorded findings of confirmation of news items published in the newspaper whereafter large number of jail officers and the staffs were put under suspension including the present petitioner and directed to initiate a departmental proceeding against them.