V.K. SHUKLA, J.

1. In the present Intra Court appeal, a challenge has been made to the order dated 09-08-2017, passed by the learned Single Judge, whereby the writ petition has been allowed and the order of punishment of withholding of 3 annual increments with cumulative effect dated 07-09-2015 has been quashed and the order passed by the respondent no.1 dismissing the departmental appeal vide order dated 31-12-2015 has also been quashed on the ground that the order of punishment passed by the Additional Director General of Jail is without jurisdiction.

2. The facts leading to filing of the writ petition to the extent they necessary are as follows:

The petitioner was posted as Deputy Superintendent of Jail at Central Jail, Indore. On 04-09-2014, one detenue Jitendra was killed by another detenue Arjun Tyagi by shooting him inside the jail. According to the petitioner, there was no negligence as he had conducted the search in time and he is not involved in the supply of pistol to detenue Jitendra, who had fired on Arjun Tyagi. A charge sheet was issued to the petitioner alleging that the petitioner had not taken the search of the jail as per Rule 185 of the Madhya Pradesh Jai