SUMAN KUMAR Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Through the medium of present writ petition, the petitioner is seeking quashing of Order No. 612 of 2014 dated 19.08.2014 issued by Director General of Police, Prisons Department, J&K, respondent No. 2 herein, along with its entire enabling and ancillary proceedings, whereby the petitioner has been reverted to the lower rank of Selection Grade (S.G.) Warder for a period of five years from the rank of Head Warder for the commission of criminal negligence as well as dereliction of duty.

(2.) The facts as projected in the writ petition are that on 03.05.2013 one lifer convict, namely, Vinod Kumar physically assaulted another jail inmate-lifer convict, namely, Sonaullah Ranjay, a Pakistani National, within the premises of Central Jail, Kot Bhalwal, Jammu, who later succumbed to injuries at PGI, Chandigarh on 09.05.2013. The then Superintendent of Jail, namely, Rajni Sehgal was placed under suspension. Thereafter vide Order No. 07 of 2013 dated 04.05.2013 six officials of Central Jail, Jammu along with the petitioner were placed under suspension pending inquiry and, thereafter, memo of charges were framed against them on 15.07.2013 and were directed to file reply to the same. It is averred that the petitioner filed reply to the same on 24.07.2013 asserting that in no manner he was responsible for the commission of said incident. Further, it is averred that thereafter again another Show Cause Notice was served upon the petitioner on 15.10.2013 by the Deputy Inspector General, Prisons Department and the same too was replied by him. It is averred that the petitioner was also provided with copy of inquiry report into assault on a Pakistani National Sonaullah Ranjay and the petitioner also filed reply to the same on 28.11.2013 and 16.12.2013. It is averred that in response to letter dated 19.02.2014 of respondent No. 3, the petitioner also submitted response to the same. It is averred that again respondent No. 2 vide Letter No. Extt/16082-83 dated 10.03.2014 directed the petitioner to furnish reply to the Show Cause Notice dated 15.10.2013, failing which ex-parte decision would be taken without issuing any further notice.

(3.) Further, it is submitted that the inquiry against the then Superintendent, Central Jail, Jammu, who was also suspended on the charges of failing to exercise effective supervision and control over her subordinates and proceeding on un-authorized leave in the evening preceding 03.05.2013, the day when life-convict Pak national was seriously injured and died subsequently, has been closed and she has been reinstated in service and her suspension period has been tread as period spent on duty vide Govt. Order No. Home-358 of 2014 dated 22.07.2014. Whereas, in case of petitioner, vide Order No. 612 of 2014 dated 19.08.2014 issued by respondent No. 2, he has been reverted to the lower rank of Selection Grade (S.G.) Warder for a period of five years from the rank of Head Warder for the commission of criminal negligence as well as dereliction of duty, on the ground that he has failed to file reply to the show cause notice.