Criminal Writ Petition No.663 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.663 of 2011 Date of Decision : 20.5.2011. Surender Singh ...... Petitioner Versus State of Haryana & another ...... Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. H.P.S. Aulakh, Advocate, for the petitioner. Mr. Satyavir Yadav, DAG, Haryana, for the respondent-State. NAWAB SINGH J.(ORAL) Surender Singh-petitioner was convicted in case bearing First Information Report No.52 dated February 20 th, 1996 under Sections 148, 302 read with Section 149 of Indian Penal code, Police Station City Thanesar and sentenced to undergo imprisonment for life by Sessions Judge, Kurukshetra on June 5 th, 1998 He is confined in District Jail, Karnal. 2. By filing this petition, he has claimed that he was not awarded remissions as per Punjab Jail Manual (For short 'the Manual) because he was appointed convict-night watchman with effect from January 17 th, 2003 to August 3 rd, 2003 and convict- overseer from August 4 th, 2003 to August 23 rd, 2005 and was again appointed convict-night watchman from April 2 nd, 2007 to December 12 th, 2010 and convict-overseer from December 13 th, 2010 till date. 3. Learned counsel for the petitioner has urged that the petitioner is to be awarded remission as per paragraph 636 of the Manual. For facilitation, paragraph 636 of the Manual is reproduced as under:- “636. Remission awarded to convict officers.-- In lieu of the remission allowed under paragraph Criminal Writ Petition No.663 of 2011 2 635 convict-warders shall receive eight days ordinary remission per month, convict-overseers six days per month and convict-night watchman five days per month.” 4. As per this paragraph, a convict-overseer is awarded remission for a period of 6 days per month and a convict- night watchman for a period of 5 days per month. 5. The State has filed Remission-sheet. The same is reproduced as under:- Sr. No. Date of Labour Place of Work Earned remission PJM Para No. 1 05.06.1998 to 03.05.1999 Factory 36 days 635 2. 04.05.1999 to 16.01.2003 OSG/Repair 225 days 638 3. 17.01.2003 to 03.08.2003 C.N.W. 60 days 636 4. 04.08.2003 to 23.08.2005 C.O. 126 days 636 5. 12.11.2005 to 27.11.2005 Light work 12 days 635 6. 28.11.2005 to 06.09.2006 No work 27 days 7. 07.09.2006 to 01.04.2007 Factory 24 days 635 8. 02.04.2007 to 12.12.2010 C.N.W. 225 636 9. 13.12.2010 to till date C.O. 18 days 636 Total 753 days Y. M. D 02 01 3 6. As per afore-mentioned Remission-sheet, during Criminal Writ Petition No.663 of 2011 3 the period, the petitioner remained convict-night watchman and convict-overseer, he was granted remission as per paragraph 636 of the Manual. 7. In face of it, learned counsel for the petitioner has urged that apart from the remission awarded under paragraph 636 of the Manual, the petitioner is also entitled to the remission as per paragraph 635 of the Manual. 8. The submission is not tenable. Per paragraph 636, a convict is entitled to the remission under this paragraph in lieu of remission under paragraph 635 meaning thereby, a convict is entitled to the remission granted either under paragraph 635 or paragraph 636 and not under both the paragraphs. Hence, the petition is dismissed. (NAWAB SINGH) JUDGE 20.5.2011. SN