SBCWP NO.7595/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7595/2005. Ishaq Mohammed Versus State of Rajasthan & Ors. Date of order:- August 19, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Aditya Mathur for the petitioner. Shri M.Faisal Baig, Deputy Government Counsel. ***** BY THE COURT:- This writ petition has been filed by the petitioner against the order of penalty dated 27/12/2003 and the order dated 21/12/2004 by which appeal against that order was dismissed. Petitioner by the aforesaid order, awarded the penalty of stoppage of one annual grade increment without cumulative effect. Petitioner was working on the post of Jailer. Contention of the learned counsel for the petitioner is that petitioner was not directly responsible if the detenue ran from police custody from SMS Hospital. Neither charge No.1 nor charge No.2 was proved against the petitioner. Petitioner at the relevant time was working as Jailer. At the relevant time, 87 employees were working under him. It was not the charge that SBCWP NO.7595/05. 2 detenue ran/fled from the custody of the jail so as to hold him responsible for negligence. If the detenue ran away from the custody of police officials, from the SMS Hospital, he cannot be at all held responsible for that. He was sent to SMS Hospital on the relevant date when Deputy Jailer Shri Kailash Sharma was on the duty and Dr.Ram Gopal Sharma was the medical officer in the jail and after about 7 hours, Deputy Jailer reported to the policemen for providing security at the SMS Hospital, Jaipur. Petitioner had no role to play and no negligence was there on his part. It was Shri Kailash Sharma who was on duty as Deputy Jailer. Learned counsel for the respondents has opposed the writ petition and argued that petitioner was the Jailer at the relevant time. It was argued that the prisoner was sent to hospital without the police guard whereas, he ought to have been allowed to leave the jail premises only with police guard. Petitioner being over all in charge of the jail, was responsible for that and thus there was supervisory negligence on his part. Having heard learned counsel for parties and perused the material available on record, I find that the doctors attending on the detenue should have put the petitioner on alarm and when if prisoner was sent to jail, he ought to have been so sent with the police guard. Due precautions were not taken. Even if at the relevant time, Deputy Jailer SBCWP NO.7595/05. 3 Shri Kailash Sharma who take over the petitioner to jail could not on that basis take a plea that he alone should be held responsible. Penalty of stoppage of one annual grade increment without cumulative effect does not even otherwise appear to be too harsh looking to the nature and gravity of charge. In the circumstances, no interference is called for. Writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil