M.S.DESHPANDE, M.B.GHODESWAR
Chandrakant s/o Shridhar Deshpande – Appellant
Versus
Government of Maharashtra & anr – Respondent
2. The petitioner joined as Jailor Grade III on March 8, 1954 and in course of time came to be promoted as Superintendent of Jails Class 1 from March 1982. He worked in that capacity as in-charge of Byculla Prison. On June 3, 1985, an undertrial prisoner one Abdul Hameed was transferred from Central Prison, Bombay to Byculla Prison on the ground of security in Prison, as the Superintendent in-charge of Central Prison. Bombay apprehended trouble as another undertrial prisoner one Karim Lala who belonged to a rival notorious gang was in that prison. The petitioner was on leave from 5th June, 1985 to July 4, 1985 and on resuming noticed that the conduct of Abdul Hameed was not in conformity with the Prison Rules and he therefore, had discussions with the respondent No. 2 the Inspector General of Prisons and Commissioner of Police for taking steps for transfer of Abdul Hameed to another jail. The transfer not being effected, several untoward incidents occurred including assault's by Abdul Hameed on the
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