JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner, at the relevant time in the year 2011, working as Warder in the District Jail, Sitamarhi, has filed the present writ application for quashing the order dated 11.02.2013 passed by Respondent No.2 (I.G. Prison, Patna) whereby the petitioner has been awarded punishment of reduction in pay scale to the basic grade with a further punishment that petitioner shall not be paid his salary for the period of suspension except subsistence allowance.

3. The brief fact of this case is that the petitioner, at the relevant time, was posted at District Jail, Sitamrahi. On 05.03.2011, one under-trial prisoner, namely, Teju Sahani fell seriously ill and was to be shifted to the Sadar Hospital, Sitamarhi. The Jail Superintendent deputed the petitioner and three other Jail Guards for shifting the under-trial prisoner to Sadar Hospital under his custody.

4. As per the case of the petitioner, no safety measures were taken by the Jail Superintendent or by District Magistrate by deputing police security guards in the Hospital. The petitioner taking into consideration this situation divided the duty amongst