J.S.SEKHON, J. - (1.) THIS order will dispose of this Writ Petition as well as Cr. W. P. No. 1315-M of 1990 as those arise out of the same impugned order of jail punishment and relate to the same transaction.
(2.) THROUGH these writ petitions, Rauank Ram and Dhir Singh petitioners had sought quashment of the order dated 7-3-1990 of the Superintendent, Central Jail, Ambala, inter alia, on the ground that proper procedure prescribed under Sections 45 and 46 of the Prisons Act, 1894 was not followed as no effective opportunity was given to the prisoners to defend themselves. It is also averred that the concerned Superintendent Jail had passed the order in a mechanical manner without application of mind. It is further averred that the concurrence of the concerned Sessions Judge to the punishment was not obtained and the petitioners had not received any notice from the Sessions Judge, Ambala before appraising the punishment. In the returns filed by the Superintendent, Central Jail Ambala. It is maintained that the petitioners were rightly punished for negligence of their duties as lambardar-watchmen posted in Cell Block No. 36 on 6.6.1990 and that the punishments were awarded under para 381-D of the Punjab Jail Manual and that the prisoners were duly associated with the enquiry which was conducted after following the due procedure. It is also maintained that the petitioners were given full opportunity to cross-examine the witnesses and judicial appraisal from the learned Sessions Judge, Ambala was obtained vide endorsement dated 7-3-1990. The order of the learned Sessions Judge has been appended to the return as Annexure R. 1.
(3.) AS none has put in appearance on behalf of the parties, I have carefully gone through the record of the case and the original file produced by, Shri Sewa Singh, Assistant Superintendent, Central Jail, Ambala. I have also heard Shri Sewa Singh on behalf of the respondents. A verbatim English translation of the original proceedings conducted by the Senior Assistant Superintendent Jail, Dy. Supdt. Jail on 6-3-1990, and the Superintendent Jail on 7-3-1990 read as under :- "6.3.1990 On 3-3-1990 a search was carried out on the extremists confined in Cell numbers 36 and 32. In the search some small saws (Kattans) were found from the extremists confined in Cell No. 36. On investigations, it has been found that the possession of these articles with the extremists is illegal and against rules and the responsibility lies on Nambardar Dheer Chohan s/o Niadar watchman for all the 24 hours in Block No. 1 of Cell No. 36. Had this nambardar discharged his duties with alertness then the Kattans would not have reached the extremists, because except for this nambardar, no other prisoner is allowed to go in the block and the watchmen are not allowed to go anywhere leaving their place of duty. From this, it is proved that these Kattans were brought by this watchman and he did not perform his duties with responsibility. Therefore this watchman is guilty as per provisions of para, 38 1 (a) of the Punjab Jail Manual and deserves to be punished. Submitted for orders. Sd/- Asstt. Supdt. 6-3-1990. Convict Nambardar is present. He is liable for punishment under para 381(a) 608 (12) of the P.J.M. Submitted for orders. Sd/. Deputy Superintendent. 7-3-19 90 Convict Nambardar was found guilty. The prisoner was heard and he has no proof for his defence. He is punished for a cut in remission for 10 days. The case be got judicially appraised. Sd/ Superintendent." To the same effect are the proceedings conducted by the Senior Assistant Superintendent Jail, Deputy Superintendent Jail on 6-3-1990 and the Superintendent Jail on 7-3-1990, in the case of Raunaq Ram petitioner.;