- (1.) Invoking the provisions of Article 311(2) (b) of the Constitution of India, the petitioners were dismissed from service. They have approached this Court challenging the dismissal order dated 12th January, 2013 (Annex P- 7/T) and all consequential orders passed thereon affirming the dismissal in appeal, revision etc.
(2.) Quite obviously, no enquiry was held to establish guilt or involvement in the misconduct alleged against them. The story goes like this: the petitioners were a posse of Jail Warders deputed to take two under-trials namely Gurjant Singh and Rashpal Singh to Civil Hospital, Ferozepur for medical checkup and treatment. The under-trials were lodged in Central Jail, Ferozepur for committing offences punishable under the Indian Penal Code. A female under-trial was also sent on the same day and time to Civil Hospital for check up with a woman Constable accompanying her. All the three under- trials were taken in an official vehicle of the jail. The Medical Officer attached to the Jail had advised on 3rd January, 2013 that under-trials Gurjant Singh and Rashpal Singh should be shown at Civil Hospital, Ferozepur for treatment. Gurjant Singh complained of a pain in the chest, whereas Rashpal Singh complained of back pain. The Superintendent, Central Jail, Ferozepur dilly dallied on the medical advice and thought that the under-trials were feigning illness. He did not allow them to be taken.
(3.) However, on 11th January, 2013, the Deputy Superintendent (Jail), in the absence of the Superintendent (Jail) directed the petitioners-Jail Warders to take the two under-trials to Civil Hospital, Ferozepur for a medical check up on the basis of the stale medical advice given on 3rd January, 2013. The petitioners are not wrong when they say that they had to obey the orders of their superior. The under-trials were said to be dangerous criminals facing trials under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 307 IPC. The Jail Department, Punjab has issued instructions on 5th May, 2000 (Annex P-1/T) dealing with the subject of under-trials lodged in jails sent to outside hospitals for treatment who are required to be accompanied under police guard. It is not the duty of the Jail Warders to take under-trials to hospital for treatment or for attending peshies in courts. Jail Warders are not given any formal training in handling weapons and for this important reason the above instructions and the further instructions dated 7th July, 2010 are designed to provide that only police guards should be deputed for such purposes.;