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| HC set-asides Jail Superintendent’s order with directions | | | Early Times Reporter
Jammu | Oct 2
Justice Nirmal Singh of J&K High Court Jammu Wing in a writ petition filed by Ashok Koul, a Dental Technician, who was transferred from District Hospital Udhampur to District Jail Jammu and imposed a fine of Rs.50 by the then Superintendent District Jail for allegedly being absent from duty, set aside the order with the direction that respondent authorities are left free to take departmental proceedings against the petitioner in accordance with the rules in consultation with the Principal employer of the petitioner. Court also directed the respondents that they shall also consider the claim of the petitioner for release of unpaid salary for the period if he has actually worked.
The case which was challenged by the petitioner through Adv AM Malik that Supt District Jail Jammu issued a charge-sheet to the petitioner on August 27, 2004 on the ground that the petitioner changed his duties with one Sanjay Pandita Pharmacist on August 15 and 16, 2004 without any information to the senior officers whereby the petitioner was fined Rs 50 and in this regard order was issued on September 15, 2004 with a warning to be careful in future. In the petition it has been submitted that petitioner belonging to health dept, has been posted in the District Jail Jammu purely on deputation basis and Supt Jail is not the competent authority under the rules to pass the said orders against the petitioner.
Justice Singh, after hearing both the sides, observed that in the present case the admitted position is that the petitioner belongs to Health Dept and is on deputation with the Jail Dept. As the respondent remained un authorisedly absent for two days but he was not issued any show-cause notice in this regard. The order impugned in the present case passed against the petitioner imposing fine Rs 50 is thus against the principles of natural justice and set-aside the order issued by the Supt District Jail Jammu. JNF |
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