SIKANDAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for respondent State.

(2.) The petitioner along with one Lady Warder, namely Runi Devi, were deputed at PMCH as one lady prisoner Rekha Devi was referred for treatment by the jail doctor. The said inmate Rekha Devi escaped on 21.6.2007 at 9.30 PM from the bathroom of the hospital. Charge memo dated 20.7.2007 was served on the petitioner alleging that petitioner had failed to perform his duties with due diligence and due to lapse on his part the lady inmate had escaped from the hospital.

(3.) Proceedings were conducted upon the said charge memo and enquiry report dated 19.7.2010 was sent to the I.G. Prisons. On finding the same to be suffering with infirmity in the process adopted, the matter was remanded to the Enquiry Office on 22.10.2010 to submit enquiry report afresh after affording due opportunity to the petitioner and other lady warder.