RAM SURAT RAM MAURYA,J. - (1.) Heard Sri Shiv Krishna Bahadur, for the petitioner and Standing Counsel, for State of U.P.
(2.) The writ petition has been filed for quashing the orders of Senior Superintendent of Jail dated 16.07.2016, reverting the petitioner in three pay scale and Deputy Inspector General (Jail) dated 26.12.2016, dismissing the appeal of the petitioner and for mandamus, directing the respondents to refund deficient amount of salary paid to the petitioner, due to impugned order.
(3.) The petitioner was appointed as Jail Warden on 28.07.1992, in State of U.P. The petitioner was posted at Sampurnanand Sivir, Sitarganj, Udham Singh Nagar, Rudrapur, on 20.05.1999. He was suspended by order dated 26.05.1999, on the charge that on 20.05.1999, his duty was from 1400 hours to 1800 at barrack of MBR region. He took charge of barrack from Balbir Singh without counting the prisoners detained in the barrack and made entry in gate book and signed it. Convicted Prisoner No. 15984 Lakhmi Chandra son of Mangal, who was detained in that barrack, had escaped before his taking charge. If he had taken charge following the rules, then he could have informed about escaping of Lakhmi Chandra at once and the prisoner could have been caught. Due to gross negligence of the petitioner, Convicted Prisoner No. 15984 Lakhmi Chandra was able to escape. The petitioner has committed breach of paragraphs-776 (6), 1118 (9) and (10) of U.P. Jail Manual, which amounts to misconduct under Rule-3 of U.P. Government Servants Conduct Rules, 1956.;