IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE JAI KUMAR PILLAI ON THE 19^th OF JANUARY, 2026 WRIT PETITION No. 15059 of 2022 ISHWAR CHANDRA RAMPURI Versus JAIL DEPARTMENT AND OTHERS Appearance:

Shri Prasanna R. Bhatnagar - Advocate for the petitioner.

Ms. Pranjali Yajurvedi - Dy. Govt. Advocate for the respondents/State.

ORDER The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, calling in question the legality and validity of the order of dismissal dated 03/07/2019 passed by Respondent No.3 under Rule 19(2) of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 read with proviso to Article 311(2) of the Constitution of India. The petitioner has also assailed the order dated 17/12/2019 passed by Respondent No.2 rejecting his statutory appeal and the order dated 18/05/2022 passed by Respondent No.1 rejecting his review petition. The petitioner seeks appropriate relief on the grounds of violation of principles of natural justice, lack of jurisdiction, and hostile discrimination in the matter of imposition of punishment.

2. It is the case of the petitioner that the petitioner was initially appointed on the post of Jail Warder by order dated 06.05.2015 and in the year 2019, the petitioner was posted at District Jail, Neemuch. Thereafter, in the midnight of 22-23/06/2019, as many as four prisoners absconded from Barrack No.11 of District Jail, Neemuch, on account of which the petitioner was placed under suspension vide order dated 23/06/2019 issued by Respondent No.3. That the Superintendent of Police, District Neemuch, submitted a report dated 03/07/2019 (Annexure P/1), holding the petitioner and three other Jail Warders namely Shri Bijendra Singh Dhakad, Shri Pankit Sharma and Shri Balmukund Labana guilty of the said incident. However, while recording such findings, no enquiry whatsoever was conducted with the participation of the petitioner. The petitioner was not afforded any opportunity of hearing, statements of witnesses were recorded behind his back and no opportunity of cross-examination was granted; nor was any opportunity provided to lead evidence in defence. Even the relevant documents were not supplied to the petitioner.

4. In the meantime, an FIR bearing Crime No. 364/2019 was registered against the petitioner and other Jail Warders on 23/06/2019 at Police Station Neemuch Cantt. for offences under Sections 222, 224, 225 and 120-B of IPC, 1860. The petitioner was arrested on 24/06/2019 and remained in judicial custody at Sub Jail, Jawad, District Neemuch up to 04/07/2019, and thereafter at Central Jail, Bhopal till 24/09/2019. Based solely on the aforesaid ex-parte preliminary enquiry, wherein the principles of natural justice and fair play were grossly violated, Respondent No.3 passed the impugned order dated 03/07/2019 (Annexure P/1), dismissing the petitioner from service by dispensing with the regular departmental enquiry on the ground that there was likelihood of the petitioner being exonerated and that holding of enquiry would cause serious law and order problems, making it difficult for the department to prove the charges.

5. Being aggrieved, the petitioner preferred a statutory appeal on 01/11/2019 before Respondent No.2 within 45 days from his release from judicial custody on 24/09/2019, as the impugned order could be communicated to him only thereafter. However, without considering the actual date of communication and the period of judicial custody, Respondent No.2 dismissed the appeal vide order dated 17/12/2019 (Annexure P/2) solely on the ground of delay. The petitioner thereafter preferred a review petition before Respondent No.1, which too was rejected vide order dated

18/05/2022 (Annexure P/3). It is pertinent to note that Respondent No.1, vide orders dated 06/01/2021 and 18/05/2022, directed reinstatement of three other Jail Warders, namely Shri Jaldar Kharte, Head Jail Warder; Shri Karan Singh Mourya, Jail