Excelsior Correspondent
JAMMU, Nov 18: State High Court has dismissed three petitions filed by the employees of Prisons Department challenging their demotion, which was ordered for dereliction of duty that led to clash between the jail inmates in Central Jail at Kot Bhalwal and subsequent death of a Pakistani national.
On May 3, 2013 one convict namely Vinod Kumar physically assaulted another jail inmate Sonaullah Ranjay, a Pakistani national within the premises of Central Jail Kot Bhalwal, who later succumbed to injuries at PGI Chandigarh.
Following this incident, Director General of Police, Prisons Department demoted Suman Kumar, Ravi Kumar and Mohal Lal for the commission of criminal negligence as well as dereliction of duty and on the ground that they have failed to file reply to the show cause notice issued during the course of formal enquiry.
These employees challenged the orders of the DG Prisons on the ground that purported proceedings on the basis of which the impugned order has been passed are nullity in the eyes of the law being the outcome of illegal and arbitrary exercise of power on the part of respondents.
It was also submitted by the counsel of the petitioners that it was only the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 under which the petitioner could have been dealt with where as the respondents have not followed the same in any manner as such the order impugned is thus vitiated and no sustainable in the eyes of law.
On the other side, Additional Advocate General Wasim Sadiq Nargal submitted that consequent upon physical assault on Pakistani prisoner by another jail inmate proper enquiry was conducted but petitioner neither submitted reply to show cause notice nor opted to appear in person before the DIG Prisons.
“In the absence of any reply on the part of petitioners the inquiry officer had no option but to proceed in absence of any reply, which ultimately resulted in issuance of order in question”, AAG further submitted.
After hearing both the sides, Justice Tashi Rabstan dismissed the petitions along with the connected miscellaneous petitions. However, High Court directed the respondents to re-examine the case of petitioners provide they file the reply to the show cause notice.
Follow our WhatsApp channel