IN THE MATTER OF AN APPLCIATION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA CIVIL WRIT JURISDICITION CASE No.9274 of 1996 MD.MAZID S/O LATE SHEIKH MD. JALIL, R/O VILL- SABOUR, DISTT- BHAGALPUR---------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HOME (JAILS) DEPARTMENT, GOVT. OF BIHAR, MAIN SECRETARIATE, PATNA 2. THE INSPECTOR GENERAL OF PRISONS, BIHAR, MAIN SECRETARIATE, PATNA 3. THE SUPERINTENDENT OF CENTRAL JAIL, BHAGALPUR-------- --------------------------RESPONDENTS. ----------- For the Petitioner: Mr. Gayasuddin Khan, Advocate For the State: Mr. S.C.-9 ---------- P R E S N T HON’BLE MR. JUSTICE AJAY KUMAR TRIPATHI ***** A.K.Tripathi,J. Petitioner was one of the persons who came to be proceeded against along with many others when three prisoners lodged in Bhagalpur Central Jail escaped from jail during their duty hours. Based on the findings recorded by the enquiry officer varied kinds of punishment order came to be passed against all those persons. The order of punishment dated 1.9.1995 became the subject matter of challenge in the Court in yet another writ application which was CWJC No. 11551 of 1995. That case was filed by one Ramji Tiwari and others in which the present petitioner was not a party since he moved the Court separately. Learned Single Judge taking note of certain factors vide his order dated 30.6.1997 quashed the order of punishment but remitted the matter to the respondents to pass - 2 - a fresh order after giving them a copy of enquiry report and opportunity of hearing within a time frame of four months. The copy of the said order has been produced before this Court. The facts are identical. The findings which have been given by learned Single Judge also applies to the case of the present petitioner and therefore there cannot be a contrary order to what has been recorded in the case of Ramji Tiwari. Neither learned counsel for the petitioner nor the State is in a position to state as to what happened pursuant to the earlier order passed by learned Single Judge. But the facts and the law being what they are which have been decided in the case of Ramji Tiwari and others, the impugned order contained in annexure 10/A in the present writ application is quashed and the matter is remitted back to the I.G. Prison to do the needful in terms of the earlier direction of the Court passed in the case of Ramji Tiwari & others. The I.G. Prison will be well advised to look into the matter and pass a fresh order keeping in view the findings rendered in the case of Ramji Tiwary by giving an opportunity to the petitioner. A decision would be taken within a period of four months from the date of communication or production of a copy of this order. The petitioner would also be well advised to furnish a copy of this - 3 - order along with a copy of the order passed in the case of Ramji Tiwary & others to facilitate an early decision in this regard. This writ application is disposed of with the above direction. Patna High Court, Patna Dated the 4th November 2010 NAFR/RPS/Sr.Secy. (Ajay Kumar Tripathi,J.)