1 1511.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1511 OF 2011 Vilas Tatoba Ghag ...Petitioner Versus The Superintendent, Taloja Prison, Taloja & Ors. ...Respondents ...... Mr.M.N.Kandalkar for Petitioner. Mr.J.P.Yagnik, A.P.P. for Respondents 1 to 4. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- SEPTEMBER 9, 2011. P.C. 1. Perused the affidavit of Surinder Kumar, Special Inspector General of Police (Prisons), South Region, Byculla, Mumbai dated 7th September, 2011. From this affidavit, it is noticed that the petitioner’s proposal of transfer to open jail was duly considered by the competent authority and came to be rejected in terms of order dated 6th January, 2011. It is also noticed that for some fortuitous reason, the said order was not communicated to the petitioner until 18th August, 2011. The statement which was made before the Court by the learned A.P.P. on 25th August, 2011 was on the basis of incorrect instructions given by the Officer who had attended the Court at the time of hearing of this matter. Although the 2 1511.11 competent Authority was expected to serve copy of the order dated 6th January, 2011 on the petitioner with utmost dispatch, that does not mean that the petitioner’s case needs to be reconsidered afresh. It is open to the petitioner to challenge the decision dated 6th January, 2011. The Special Inspector General of Police (Prisons) at the same time shall cause inquiry into the circumstances resulting in non-communication of order dated 6th January, 2011 until 18th August, 2011 to the petitioner and proceed against the erring officials in accordance with law. That report be submitted to the Court on or before 3rd October, 2011. 2. Petition is disposed of. However, the Petition be notified under caption `direction’ for reporting compliance of the above direction. 3. Needless to observe that all questions raised in this Petition are left open and will be available to the petitioner while challenging the order dated 6th January, 2011. 4. Counsel for the petitioner submits that as per his instructions, copy of the order dated 16th January, 2011 has not been made available to the petitioner so far. We need not examine this grievance. However, we expect 3 1511.11 the jail authorities to ensure that copy is made available not later that 13th September, 2011. The compliance report shall also indicate that position. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)