JUDGMENT :

Kakheto Sema, J.

Heard Mr. A. Zho, learned counsel for the petitioner and Mr. K. Angami, learned Sr. Government Advocate for the State respondents.

2. The facts of the case in brief is that, the petitioner while serving as a Jail Warder in the District Jail, Wokha, one under trial prisoner (UTP) namely Yanbemo Mozhui who was lodged at District Jail Wokha in connection with Bdi P.S. Case No. 15/19 u/s 448/307/115/325/326/333/34 IPC, died at the District Civil Hospital, Wokha. In connection with the incident, the Police on 26/12/2019 registered Wokha P.S Case No. 046/19 u/s 325/326/330/302/304(A)/34 IPC and arrested the petitioner and 17 others alleging custodial death.

3. That consequent to the arrest of the petitioner, the Director General of Prison, in exercise of the power conferred by Sub-Rule (1) of Rule-6 of the Nagaland Services (Discipline and Appeal) Rules, 1967, issued the order No. PRI/HQ/ESTT-234/11/661, dated 28/12/2019, placing the petitioner under suspension with immediate effect in contemplation of a disciplinary proceedings for violation of section-54 of the Prison Act, 1894.

4. That thereafter, the Additional Director General of Prison, issued the Memorandum