RABHAN HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order of direction in the nature 'of certiorari for quashing the order, as contained in Memo No. 1082/Ranchi, dated 8th September, 2001, whereby and whereunder, respondent no. 2, Inspector General of Prisons, Home (Prison) Department, Government of Jharkhand, Ranchi, acting as Departmental Appellate Authority, imposed punishment of stoppage of 5th pay increment of the petitioner and deprived him of his full salary for the period of suspension without even considering the judgment dat6d 29th July, 1998 passed by the Criminal Court, whereby, he was acquitted.

(2.) IN the instant case a departmental proceeding was initiated against the petitioner alongwith two others, who were working as Jail Warden, for an incident, which took place in Chas Jail, which led to two criminal, namely, Bharat Rajak and Mahesh Murmu, fleeing away from the jail on 6.5.1989. The offence being serious in nature concerning the security of the Jail Department, an enquiry was held and the petitioner and two others were proceeded against. Initially one Mr. Saryug Ram, Warden, was held guilty and by way of punishment he was put in the initial pay scale in which he was appointed.

(3.) IN relation to the said occurrence, a criminal case being G.R. No. 384B of 1989, corresponding to T.R. No. 665 of 1998, was also registered against the petitioner, Ram Ratan Prasad and Jayant Sanga. In the said criminal case, all the aforesaid three persons were tried and by terms of judgment dated 29.7.1998 all the three persons were acquitted.