CHANDRACHUD D. Y. , J.

( 1 ) THE first respondent was working as a Jailor in grade II and during the relevant time, between 10th July, 1985 and 17th August, 1985, he was assigned for duty at the District Prison, Byculla, Mumbai. At the time when the first respondent was posted as jailor, an undertrial prisoner by the name of abdul Hamid was lodged in the prison. It was alleged that during this period, there was a failure on the part of the first respondent to discharge his duties and that the aforesaid undertrial prisoner had brought in unauthorised articles including a Television Set, Video recorder and Video Cassettes. There was, it was alleged, a failure on the part of the first respondent to take necessary steps which he was under an obligation to take in his capacity as a Jailor. A disciplinary enquiry came to be convened against the first respondent and on 3rd February, 1986, a charge-sheet was issued to him. On the conclusion of those proceedings, the first respondent came to be removed from service by an order dated 12th february, 1988. The order was challenged by the petitioner and the Administrative Tribunal while setting aside the order of punishment, granted li