JUDGMENT - GAVAI B.R., J.:—The petitioner has approached this Court, challenging the order passed by the learned Maharashtra Administrative Tribunal, dated 2-4-1999, thereby dismissing the review Application No. 90/97 in Original Application No. 702/91 for setting aside the order dated 27-6-1986 passed by the Commissioner of Police, Nagpur, compulsorily retiring the petitioner from services.

2.The facts in brief, giving rise to the filling of the present petition are as under :

The petitioner who was at the relevant time, working as Assistant Sub-Inspector, Buckle No. 556 with the Nagpur police was directed on 4-1-1984, to escort 90 passengers prisioners from Central Jail, Nagpur to Pune. These prisoners were to be carried under the supervision of superior A.S.I. Shri Ramchhabilsingh having Buckle No. 305 and A.S.I. Babuva Prasad Buckle No. 526, the petitioner and the constables in the escorting party. These prisoners were carried in two buses. The petitioner along with his Senior A.S.I. Babuva Prasad Buckle No. 526, were travelling in Bus No. MTG 9695 along with 44 prisoners and rest of the prisoners were travelling in another bus under the Senior A.S.I. Ramchhabilsingh.

3.That while travelling towards Pune, the driver of the bus, in which the prisoners and the petitioner were travelling, stopped the vehicle near village Limbe in Jalgaon District for taking tea. That since the bus was stopped by the driver and the drivers and conductors of both the buses had gone for taking tea, some of the prisoners requested the escorting party, for permitting one prisoner, namely, Onkar Pande had requested the petitioner to go for natures call. The petitioner acceded to the said request and took the said Shri Onkar Pande for answering the natures call. However, said Onkar Pande, taking advantage of the situation made good his escape.

4.On the basis of this incident, the petitioner and A.S.I. Ramchhabilsingh were served with the charge-sheet dated 6-8-1984. The charge as against the petitioner was as under :

"Name of the accused :

1. A.S.I. 305, Ramchhabilsingh,

2. A.S.I. 556, Motilal

(Both under suspension)

Police Head Quarters, Nagpur.

1. A.S.I. 305 Ramchhabilsingh (under suspension) Police Head Quarters, Nagpur.

There is unpardonable neglect, irresponsible conduct, disobedience of orders and dilatoriness in the discharge of Government work on your part.

You, A.S.I. 305, Ramchhabilsing, while working in the Police Head Quarters at Nagpur, were entrusted with the work of taking (transferring) 90 prisoners from Central Jail at Nagpur to Pune on 4-1-84. You were Head of the Police team doing this job. You were also given duty pass, and it was clearly ordered therein to be fully equipped with "Hath Kadi/hand cuffs, keys, Rifle and rounds. However you have neglected the instructions and have disobeyed the orders. This has resulted in fleeing of the prisoner No. C/2734 by name Onkarnath Chhabinath Pande, at village Walunj in Aurangabad District on 5-1-84.

2. A.S.I. 556, Motilal (under suspension) Police Head Quarters, Nagpur.

There is unpardonable neglect, irresponsible conduct, disobedience of orders, and dilatoriness in the discharge of Government work on your part.

(a) You, A.S.I. 556, Motilal, while working in the Police Head Quarters, Nagpur were entrusted with the work of guarding the transferring of 90 prisoners from Central Jail Nagpur to Pune on 4-1-84. You were one of the members in the Protection Force team headed by A.S.I. 305, Ramchhabilsingh. The duty pass given to you on this account, clearly mentioned and ordered that "Hathkadi" Handcuffs, keys, Rifle and rounds should be taken with you. But you have disobeyed this order.

(b) On 4-1-84, out of 90 prisoners, 44 of them were seated in S.T. Bus No. 9596 at the Central Jail, Nagpur, and you were the head of the Police Protection team for this bus. On 5-1-84, when the bus stopped at village Walunj in Aurangabad District at about 04 00 hours, some of the prisoners alighted from the bus for (easing)

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