ORDER

Hon’ble Mr. R.N. Singh, Member (J):

By filing the instant OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-

“(i) set-aside and quash the punishment order dated 11.03.2014, Annexure – A-1 , alongwith rejection of appeal orders dated 29.09.2015, Annexure – A-3 , being badly vitiated as humbly submitted in the foregoing paras.

(ii) direct/command the Respondents to restore the pay of the applicant to the stage of implementation of the punishment with consequential benefits, as if no punishment has been awarded.

(iii) direct/command the Respondents to refund the deducted salary and wages with interest @ 24% compound interest on the accruing total amount from the date of deduction to the date of actual refund.

(iv) any other relief deemed fit and proper in the facts and circumstances of the case, may also be granted in favour of the applicant alongwith heavy costs against the Respondents, in the interest of justice.”

2. Pursuant to notice, the respondents have filed their counter reply opposing the claim of the applicant and praying for dismissal of the OA. The applicant has filed rejoinder while refuting the contents of the counter reply has reiterated his claim on the grounds as raised in the OA.

3. The brief facts of the case, as asserted by the applicant, are that the applicant was appointed as a Driver on 22.10.2007 and was posted in Jail No.5, Tihar Jail under the respondents. While the applicant was working as a vehicle Driver in Jail No.3 on 15.3.2011, he was deployed on an Ambulance Vehicle. Warder Shri Vikramjit Singh, 1135, was handed over 10 prisoners from Central Jail Hospital of CJ-3, who loaded them in applicant’s Ambulance No.DL-1LA-6023, under directions to take them to their respective jails. 10 prisoners were safely accommodated in the vehicle but there being neither space nor seat for the attendant Warder, he shared the Driver’s seat in the front. The Warder Shri Vikramjit Singh dropped one prisoner at CJ-2 and told the applicant to proceed to Jail No.1 and the ambulance proceeded accordingly. After some time, when the ambulance reached at the slop on way to CJ-1, it was noticed by the Warder that rear door of the ambulance opened and a prisoner followed by two others jumped out. On raising the alarm by the said Warder, the applicant immediately stopped the vehicle and both ran after the prisoners, who attempted to escape and ultimately, the said escaping Prisoners were apprehended and brought back to the ambulance and put inside. All this happened in the area of Jail Complex. Neither the ambulance was taken out of the Jail premises nor did any prisoner escape out of the jail premises. For the aforesaid incident, the applicant was placed under suspension on the ground of contemplated disciplinary proceedings on 21.3.2011 vide Order dated 21.3.2011 (Annexure A-4). Later on, the suspension orders were revoked. The respondent no.2 served a major penalty chargesheet dated 23.8.2011 (Annexure-A-5) and the statement of the article of charge reads as under:-

“Sh. Ajay Meena, Driver while working in CJ-3 on 15.3.2011 was found negligent and careless that while taking the prisoners from the jail hospital to their respective jails through jail ambulance he did not give any heed to the hue and cry raised by the prisoners due to the threat given to them by the other prisoners and subsequently three prisoners kicked open the rear door of the ambulance and jumped from the running ambulance which resulted in escape of the prisoners from the jail ambulance.

Thus, the above said act on the part of Sh.

Ajay Meena, Driver is highly objectionable which reflects lacks of devotion, dedication and dereliction towards his duties and Sh. Ajay Meena, Driver has acted in a manner which is unbecoming of a Govt.

Servant and thereby he has violated the provisions of Rule 3 of CCS