WPSS no. 1987/2011 Hon’ble V.K. Bist, J. Mr. Parikshit Saini, Advocate for the petitioner. Mr. N.S. Pundir, Brief Holder for the State. Heard learned counsel for the parties. On 30th September, 2011 a charge sheet was served upon the petitioner in respect of the incident took place on 30th August, 2011, in which two convicts escaped from the Jail. By the order dated 30th September, 2011, Shri Mahendra Singh, Superintendent, District Jail, Haridwar was appointed as Inquiry Officer. The petitioner wrote a letter to the Inspector General, Prison, Uttarakhand, Dehradun on 10th October, 2011 informing him that Shri Mahendra Singh is biased against the petitioner and in such circumstances, he may be changed. The application of the petitioner was considered by the Inspector General, Prison, and on 14.10.2011, an order was passed by him whereby Inquiry Officer was changed and in place of Shri Mahendra Singh, the Senior Superintendent, Sampurnanand, Camp, Sitarganj was appointed as Inquiry Officer, but on 19.11.2011, another order was passed by the Director, Prison, Uttarakhand, Dehradun by which subsequent order was cancelled and Shri Mahendra Singh, Superintendent was asked to continue as Inquiry Officer, as per the earlier order dated 30th September, 2011. The only submission of the learned counsel for the petitioner is that once the Inspector General of Prison has taken a decision on the representation of the petitioner to change the Inquiry Officer, on the plea of bias, the subsequent order, putting back the same Inquiry Officer, is illegal and perverse. Learned Brief Holder for the State could not satisfy the Court, on which ground the order impugned was passed. I am fully convinced with the submission of the learned counsel for the petitioner. Consequently, the writ petition is allowed. Impugned order dated 19.11.2011 (contained as annexure no.6 to the writ petition) passed by respondent no.1 is hereby quashed. It is always open for respondent no.1 to appoint another Inquiry Officer in the matter, except Shri Mahendra Singh. Stay application (CLMA No. 13776/2011) also stands disposed of. (V.K. Bist, J.) 29.12.2011 NCM: