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2024 Supreme(UK) 322

RITU BAHRI, RAKESH THAPLIYAL
Trilok Chandra Arya – Appellant
Versus
Inspector General of Prisons – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jitendra Chaudhary, learned counsel.
For the Respondent: Mr. J.C. Pande, learned Standing Counsel

JUDGMENT :

Ritu Bahri, C.J.

The appellant – Trilok Chandra Arya has come up in appeal against the judgment of the learned Single Judge dated 05.12.2014 passed in Writ Petition (S/S) No. 401/2009, whereby his Writ Petition was dismissed, wherein he had challenged the order dated 19.03.2009 passed by the Inspector General of Prisons, Dehradun, whereby three increments of the appellant were withheld with prospective effect, which is a major penalty.

2. The present appellant was serving as a Bandi Rakshak (Jail Warder) in the Uttarakhand Police Jail Service. In the year 2005-06, the appellant, while working as the Jail Warder, Sampoornanand Shivir, Sitarganj, District Udham Singh Nagar, was charge-sheeted vide order dated 21.11.2005, with the allegations that on 07.07.2005 and 08.07.2005, he had beaten undertrial prisoner Sikander, s/o Kashiram, and undertrial prisoner Karveer Singh, s/o Manichand, without any reason. He was charge-sheeted under Rules 1095, 1105 and 1118(10) of the Prison Rules.

3. As per the Inquiry Report (Annexure No. 6 to the Writ Petition), the appellant was held to be guilty, and all the charges were proved against him. Thereafter, he was given a show-cause notice (A

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