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PRATEEK JALAN
Praveen Rana – Appellant
Versus
State (govt of NCT Of Delhi – Respondent
JUDGMENT
Prateek Jalan, J. - The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
1. By way of this writ petition under article 226 of the Constitution, the petitioner assails a punishment order, dated 08.09.2021, issued by the Jail Superintendent, Central Jail-14, Mandoli, Delhi, whereby the punishment of stoppage of mulaqaat for the period of one month was imposed upon the petitioner.
2. Notice was issued in this petition on 03.02.2022, and the respondent - State was directed to file a Status Report. The Status Report has not been filed in terms of the said order. However, it is handed over in Court today by Mr. Karan Dhalla, the learned counsel appearing on behalf of Mr. avi Singh, learned additional Standing Counsel for the State, and a copy has also been handed over to Mr. akshay Bhandari, the learned counsel for the petitioner. The petition is taken up for hearing with the consent of learned counsel for the parties on both sides.
3. alongwith the Status Report, a copy of the Judicial appraisal order, dated 18.12.2021, under Section 46 of the Delhi Prisons act, 2000 ['DP act'] read with Rule 47 of the Delhi Prison Rules, 1988, has
Compliance with the procedure for awarding punishments under the Delhi Prison Rules, 2018, including the requirement of giving notice to the prisoner and holding a post facto hearing, is essential fo....
Major punishments in prison require adherence to procedural fairness, including issuing a show cause notice and conducting a proper hearing, as mandated by the governing rules.
Mandatory nature of procedural requirements under Jail Prisons Act 2000 and Delhi Prison Rules, emphasizing the need for a written notice, quasi-judicial inquiry, and compliance with the true letter,....
The foundational tenets of principles of natural justice extend their protective ambit to prisoners, entitling them to an opportunity to present their defense before being awarded punishments.
The imposition of major punishments in departmental inquiries necessitates adherence to procedural safeguards, including the issuance of a second show cause notice, to ensure compliance with the prin....
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