CWP(T) No. 13569 of 2008 19.7.2010 Present: Mr. Ajay Sharma, Advocate, for the petitioners. Mr. Ram Murti Bisht, Dy. Advocate General for the respondents/State. The petitioners were serving the police department of the State. They were deputed to escort an undertrial to the Court of Addl. Chief Judicial Magistrate, Paonta Sahib on 15.9.2003. On the pretext of using toilet, the said undertrial ran away. The petitioners were charge sheeted for having allowed the said undertrial to flee from their custody. Show cause notice (Annexure A-1) was issued to the petitioners before initiation of disciplinary proceedings. The petitioners responded to the same and the explanation furnished was not found to be acceptable by the appropriate authority and as such disciplinary proceedings for mis-conduct were continued. An inquiry officer was appointed who found the charges to be true. After considering the record show cause notice was issued to the petitioners indicating the extent of penalty likely to be imposed. Considering the material in its totality the disciplinary authority reduced the proposed penalty and in terms of order dated 13.5.2004 directed stoppage of only one increment. Petitioners preferred an appeal before the appropriate authorities which was also turned down in terms of order dated 31.12.2004. 2. It could not be pointed out as to how the impugned order is erroneous, illegal or disproportionate to the misconduct. There has been dereliction on the part of the petitioners in performing their duty. They allowed the undertrial to flee while they were supposed to escort him back from the Court to the prison. The petitioners were -2- found to be negligent in reporting the matter to the authorities. The undertrial had fled on 15.9.2003 and F.I.R. was recorded only on 16.9.2003 and that too at 11.50 a.m. 3. Principles of natural justice stand adhered to at all times. The penalty imposed also cannot be said to be harsh or in any manner disproportionate to the misconduct. 4. It cannot be said that any legally enforceable right of the petitioner stands violated. Hence the present petition is dismissed. (Sanjay Karol), Judge. July 19, 2010 (PK)