GULA LONE AND ANOTHER Vs. SUPERINTENDENT, CENTRAL JAIL AND ANOTHER

JUDGEMENT

(1.) The petitioner Gula Lone in this case, and the petitioner Ghulam Mohiuddin, in writ petition No. 165, besides one Abdul Kabir Pandani, were dismissed on 7-6-1969, with effect from the same date as Jail Warders, Central Jail, Srinagar by the impugned order, annexure 'G' made by the Superintendent Jail, Respondent No. 1. These writ petitions have been filed for setting aside the order of their dismissal on identical grounds of denial of the privilege of an enquiry as envisaged under Sec. 126 of the State Constitution which is the same as Art. 311 of the Constitution of India.

(2.) It appears that, at first, on the basis of some C.I.D. Police report, the petitioners, as also Abdul Kabir Pandani, were put under suspension, but were later exonerated of the charges, and reinstated to their respective posts of Jail Warders at the Central Jail, and then transferred to some other Jail. These facts, however, are not germane to the issues arising in these cases. The dismissal is the sequence of the charge, which was first communicated to these petitioners on 15-5-1968, by annexure 'C' by which they were called upon to show cause against the charge to the effect that they acted as couriers between some detenue of the Central Jail, Srinagar, and some outside agency between 14th of June, 1966 and 13th of March 1967. The petitioners denied the charges in their show cause, annexure 'O' which is to the same effect in both the cases.

(3.) Thereafter, a regular charge-sheet as per annexure 'E' was served on the petitioners on 14-4-1969 calling upon them to meet the charges and produce defence if any. The petitioners submitted their show cause as per annexure 'F' on 16th of April, 1969, denying all the charges. Their show cause was considered, and found unsatisfactory under the impugned order, and they were accordingly dismissed with effect from 7-6-1969.