IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 84 of 2018

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Bhim Hembram @ Bheem Hembram Son of Late Dhodhu Hembram,

Resident of Village-Gorgawan, Police Station Korha in the District of Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Home Department,

Government of Bihar, Patna

2.

The Inspector General of Prisons and Correctional Services, Bihar, Patna.

3.

The Superintendent, Sub Jail, Sherghati.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr Rajendra Narayan, Sr Advocate with

Mr Braj Nandan Kumar Tiwary, Advocate

For the Respondent/s

:

Mr Shashank Kumar Sinha, Advocate

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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 29-07-2022

Heard learned counsel for the petitioner and the

respondents.

2 The petitioner seeks quashing of the order dated

24.04.2017 bearing Memo No 1999 whereby and whereunder the

Inspector General of Prisons and Correctional Services, Bihar,

Patna (for brevity, IG (Prisons) has inflicted the punishment of

stoppage of two annual increments with cumulative effect.

Petitioner has also prayed for quashing of order dated 13.09.2017

bearing Memo No 5215 whereby the appellate authority has

rejected the petitioner's appeal against the order of punishment.

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3 The petitioner was posted as Assistant Jailer at Sub

Jail, Sherghati in the district of Gaya at the relevant time. At mid-

night in between 29^th and 30^th July 2005, three prisoners escaped

from the sub jail. The authorities proceeded against the warden/s,

namely, Nand Kumar Singh, America Ram and Vishnu Rajwar.

The senior warden Prem Kumar Dubey and Raj Kishore Prasad

were also proceeded against. All but Vishnu Rajwar, the erstwhile

warden, were punished by the Superintendent, Central Jail, Gaya.

4 The IG (Prisons) disagreed with the findings of the

Superintendent, Central Jail, Gaya and issue show cause to all the

wardens and senior wardens as to why major punishment be not

awarded. On consideration of the reply, the Department decided,

by communication dated 28.12.2007 bearing Memo No 7762 to

proceed in the matter afresh. The petitioner, who was the Assistant

Jailor of Sub Jail, Sherghaty at the relevant time, was also

proceeded against. Conducting Officer and Presenting Officer

were appointed under order dated 03.02.2016 bearing Memo No

708 was issued by the IG (Prisons), Bihar, Patna. This order was

also served on the petitioner along with charges on Prapatra Ka.

The charges in substance were alleging negligence and dereliction

of duty leading to a situation where the three prisoners had

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escaped. There was also allegation that illegal gratification was

received from these prisoners for facilitating their escape.

5 In the enquiry, the petitioner took a stand that since the

role of the wardens and senior wardens were found suspicious, the

District Magistrate and Superintendent of Police, Gaya had

directed the petitioner to lodge First Information Report (for

brevity, FIR) in the local police station. The petitioner had, thus,

lodged an FIR and discharged his duties. The petitioner had got

the prisoners back in the lock up in the evening and gone to his

residence. Thereafter, the responsibility of their security was of

the warden/s. He has taken a plea that it is not possible for an

Assistant Jailer to be vigilant while he is asleep. The vigilance

was to be maintained by the deputed warden/s for which the

petitioner could not be held liable. He has, thus, objected to the

framing of charges against him.

6 Learned senior counsel, based on the petitioner’s stand

taken in the proceedings, has su