JUDGMENT :

RAJEEV RANJAN PRASAD, J.

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

Brief Facts of the case

2. The petitioner is an accounts cadre employee of the Government of Bihar. He joined as Head Clerk in the Hazipur Jail in the month of July, 2018. While working as head clerk, he was also given charge of ‘Pravesh Sakha Prabhari’ (Entry Section In-charge) in the jail. It is stated that by order of the Superintendent, the petitioner was given duty to paste the notice containing list of inmates required to attend the trial court each day. A copy of the said notice/list was required to be given to ‘Bada Jamadar’ and the ‘Gate Warder’ posted at the Gate of the jail. It is the case of the petitioner that the ‘Bada Jamadar’ and the Gate Warder had duty under the supervision of the Assistant Superintendent or Deputy Superintendent to actually handover the inmates to district police for taking them to the trial court.

3. By placing letter dated 23.05.2008 (Annexure ‘1’) written by the Director (Administration), Home (Prison) Department, Govt. of Bihar, it is stated that the Department has earlier deprecated the approach of the Superintendent of the Divisiona