JUDGMENT :

A.S. Supehia, J.

1. The petitioner has assailed the order dated 9-8-2002 imposing penalty of reduction in the basic pay of Rs. 2,750/- for two years from 1-5-2002 as well as the orders dated 28-8-2002 and dated 27-7-2006 passed in the appeal and the revision respectively by the competent authorities.

2. The brief facts are adumbrated of the case are as under:

2.1. The petitioner was working as an Armed Police Constable at Bhavnagar. On 29-7-1998, the respondent No. 1 served a charge-sheet for the alleged misconduct that the petitioner while he was assigned the duty of taking the prisoner at Sir-T Hospital, Bhavnagar at the Prisoners' ward on 28-5-1996, the said prisoner namely, Chaturji Mohanji escaped from his custody. A regular departmental inquiry was initiated against the petitioner and the alleged charges are partly proved against the petitioner. Pursuant to the aforesaid charges being proved, respondent No. 1 passed the order dated 9-8-2002, imposing penalty of reduction in basis pay and placed him in the pay of Rs. 2,750/- instead of Rs. 3,170/- for two years from 1-5-2002. The appeal filed by the petitioner against the said order was dismissed by the respondent No. 1