IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2689 of 2001 DWARIKA SINGH Versus THE STATE OF BIHAR & ORS ----------- 4. 03.09.2008 Heard learned counsel for the petitioner and the State. The petitioner who was the Head warder on the date and time when the prisoners escaped from the jail is before this Court is aggrieved by the punishment of reversion in rank and denial of anything beyond subsistence allowance for the period of suspension by order dated 18.11.2000. The petitioner in his reply to memo of charge asked for the duty chart, but did not urge but he was not on duty on 7.12.1998 between 6 and 9 p.m. when the prisoners escaped. The Enquiry Officer has arrived at the finding on examination of the duty chart that the petitioner was on duty on the date and time. To this Court, once it has been found from the records that the petitioner was on duty at the time when the prisoners escaped, he became answerable in law. Minor procedural illegalities, if any, in the - 2 - departmental proceeding will not detract from this finding of fact so as to warrant interference with the order of punishment. There is no merit in this writ application. It is accordingly dismissed. ( Navin Sinha ) HR