HARMOHINDER KAUR SANDHU,J - (1.) KARAMVIR -petitioner is undergoing imprisonment in District Jail, Karnal after his conviction in a case, vide judgment dated 28.7.1982. During his confinement in jail, on 10.2.1984, he was alleged to have quarrelled with his co-prisoners Som Nath, Ajit and Kartar while gambling. A currency note of Rs. 100/- which was being used as stake money was recovered from Banwari. For this offence the petitioner was awarded a punishment of wearing cross-bar-fetters for 240 hours. On the intervening night of 16/17.10.1989 the prisoner was on duty at beat No. 1 of the main wall but when the Superintendent Jail made a surprise visit he found him missing from his duty beat and for this offence he was awarded punishment of reversion from C.N.W. to simple prisoner for three months only.
(2.) THE petitioner alleged that he was awarded jail punishments without following any procedure established by law. No proceedings were recorded nor any opportunity was granted to him to defend his case. The Sessions Judge also did not appraise the punishments judiciously. He has, thus, filed the present petition under Section 482 of the Code of Criminal Procedure for setting aside the jail punishments awarded to him. In the return filed by the respondents it was maintained that on 10.2.1984 the petitioner was found gambling and quarrelling with other convicts so punishment imposing cross-bar fetters for 240 hours was rightly awarded. Similarly on the second occasion the petitioner was found absent from his beat duty which was a gross misconduct on his part and he was, thus, reverted from C.N.W. to simple prisoner for three months. The punishments awarded to the petitioner were got judiciously appraised from District and Sessions Judge, Karnal. The petitioner was given full opportunity to defend and plead his case before the punishing authority and he was heard at the time he was awarded punishments.
(3.) I have heard the counsel for the parties.;