1 wp-1339-09 ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.1339 OF 2009. Shiva Yeshwant Tambe & Anr. ..Petitioners. vs. Vilas Bhaguram Shirke ..Respondent. Petitioner – through Jail. Mrs P. H. Kantharia, A.P.P.,for the State. CORAM: BILAL NAZKI AND A.R.JOSHI,JJ DATED : 16TH SEPTEMBER,2009 P.C.:- The petitioners were ordered to be transferred to open prison. Lateron this order was cancelled. Therefore, prisoners have filed this petition. The counter affidavit has been filed by the Inspector General of Prisons,Pune, State of Maharashtra, in which it has been stated that the order allowing the transfer of the prisoners to the open jail was passed on the basis of the records submitted by certain officials and the officials had failed to mention the background of the petitioners. 2 wp-1339-09 Both the Petitioners belong to a Gang of “Guru Satam” and as such they were not entitled to be transferred to open jail. He has further submitted in his affidavit that the Officers who had found to have mislead the Committee were proceeded against. Number of Officers were seven. Out of these seven officers, four have been fined and against one officer departmental inquiry is proposed and in respect of two of them increment for two years has been stopped. We do not understand when inquiry is proposed, why inquiry is not being initiated. Therefore, we direct inquiry to be initiated against the Officers against whom it is proposed. We are not sure whether the Inspector General of Prison had any power to impose fine on some of the Officers under the service rules. He may reconsider it and if he finds that such punishment should not be given he may pass necessary orders. With these observations, writ petition is disposed of. (BILAL NAZKI,J) (A.R.JOSHI,J)