IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP-T No. 2583 of 2008 Date of Decision: 26.05.2011. Karam Singh …Petitioner. Versus. State of H.P. and others … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the Petitioner: Mr. Kush Sharma vice Mr. B.C.Negi, Advocate. For the Respondents: Mr. Rajesh Mandhotra, Dy. A.G. Deepak Gupta, J.(Oral). 1. Departmental proceedings were initiated against the petitioner and one Shri Krishan Chand for dereliction of duty on 9.7.2004. 2. The principal charge levelled against these two persons is that when they were escorting an under trial from Indira Gandhi Medical College to Open Air Jail, Bilaspur, the said under trial escaped from their custody on 24.5.2004. Notice was issued to the petitioner and Krishan Chand to show cause why major penalty be not imposed upon them. An inquiry was conducted and the Inquiry Officer found both the 2 persons guilty of dereliction of duty and finally penalty of dismissal from service was imposed upon both these persons. Appeal, etc. was dismissed and thereafter Krishan Chand and Karam Singh approached the erstwhile H.P.State Administrative Tribunal by filing separate original applications. On the abolition of the Tribunal, these applications were transferred to this Court and the application of Krishan Chand was numbered as CWP-T No. 2665 of 2008. This petition has been disposed of by a learned Single Judge of this Court vide judgement dated 5.5.2011. 3. It is not necessary to repeat the facts in detail because the learned Single Judge after considering all arguments raised by Shri B.C.Negi, who is also the counsel in the present case, has rejected the plea of Krishan Chand in so far as challenge was laid to the inquiry report and held that the inquiry was properly conducted. However, the learned Single Judge came to the conclusion that the escape of an under trail cannot be considered to be a gravest misconduct calling for imposition of penalty of removal from service and while holding that there was misconduct on the part of Shri Krishan Chand came to the conclusion that punishment should be 3 changed from dismissal from service to compulsory retirement in the interest of justice. The present case is squarely covered by the judgement in CWP-T No. 2665 of 2008. 4. Therefore, on merits the petition is rejected. However, as far as the quantum of punishment is concerned, the same is changed from removal from service to compulsory retirement as in the case of Krishan Chand. The petition is disposed of in the aforesaid terms. No order as to costs. 26th May, 2011. ( Deepak Gupta ) ™ Judge.