Sunil Ambwani, J. - (1.) The peitioners Constable OP No. 111 Kasb Ram and Countabie CP. No. 2136 Feroze Khan were charged with gross neglience in performance of their duties on account of which an accused prisoner Randhir Singh escaped from their custody while returning from District Courts Agra. They did not utilise the services of police Mm which, was to leave in the evening at 04.00 PM with other prisoners, and proceeded along with accused prisoner on a cycle rickshaw. On the way with the help of his accomplices the prisoner jumped from the rickshaw and escaped from their custody.
(2.) The petitioners submitted their reply in the enquiry which proceeded under Rule 14 (1) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules 1991. The Senior Superintendent of Police, Agra considered their proceeded to return from District Courts without availing the services of Police van which has to return at 04.00 PM in the evening. prisoner escaped on performance of their duties and disrnissed them from, service under 14 (1) read with Rule (l) of the Rules of 1991. The appeals and revisions filed by the petitioners have been dismissed by the Deputy Inspector General of Police and Inspector General of Police Agra Region, Agra. The petitioners have dated 2.5.2001, 30.10.2001 and 8.8.2002 and have prayed for reinstatement with back wagesl
(3.) Learned counsel for the petitioner submits that the authorities have failed to appreciate that the accused prisoner escaped without any ill motive on the pan of the petitioners. In fact she petitioner had pus their life at stake A country made revolver was fired upon them on which Constable Kashi Ram petitioner no. 1 had sustained injuries. Instead of rewarding the petitioners for resisting the escape they have been punished by a highly stigmatic order: Learned counsel for the petitioner further submits that the punishment is grossly disproportionate to the Charges. The negligence in performance Of duties could not have been made a ground for dismissal. He Has also commented upon manner in which the criminals are entrusted, in the custody of the constables, They were not issued rifles and the facility of transportation was not provided while transferring the prisoners to the Court.;