DBCW 4910/09 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In D.B. Civil Writ Petition No.4910/2009 Rajendra Singh Godara Vs. The State of Rajasthan and others Date Of Order :: 7th August, 2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice J.R. Goyal Mr. Balu Ram on behalf of Mr. Sumer Singh, for petitioner. Mr. S.K. Mehla, Dy. Govt. counsel for respondents. ......... By way of this writ petition, the petitioner- prisoner Rajendra Singh Godara seeks his transfer from Central Jail, Jaipur to Open Air Camp, Sanganer, Jaipur which has been denied by Director General, Jails, Rajasthan, Jaipur vide its order dated 16/3/2009 on the ground that his conduct in jail is not satisfactory and he was punished for jail punishment by jail authorities on 6/4/2008, therefore he is not eligible for admission to open air camp as per the provisions of Rule 3 (g) of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter shall be referred as the Rules, 1972). Petitioner-prisoner has been convicted in court martial proceedings for the offence under section 302 IPC vide judgment dated 31/8/1998 and has been sentenced for DBCW 4910/09 (2) imprisonment of life. It also appears from the material placed on record that petitioner-prisoner had filed a writ petition bearing no.2697/2008 before the Principal Seat at Jodhpur wherein it was found that petitioner's application is pending before the competent authority for consideration for sending him to open air camp, therefore it was directed to the authorities to consider the case of the petitioner within a period of 15 days in accordance to rules. Thereafter by the aforesaid order Director General (Jails) did not find him eligible for admission to open air camp. Heard learned counsel for the petitioner- prisoner, learned Deputy Government Advocate and perused the material placed on the record. From the reply and material placed before us, it transpires that petitioner-prisoner has been punished in jail by the jail authorities on 6/4/2008 and therefore his conduct was not found satisfactory. According to Rule 3 (g) of the Rules, 1972, a prisoner is eligible for consideration for admission to open camp if he has not received any jail punishment for two years preceding the date of recommendation. Rule 4 (a) of the Rules, 1972 further provides that a prisoner shall be eligible for admission to open air camp if he does not fall within any of the categories specified in Rule 3. DBCW 4910/09 (3) Here in the instant case, the petitioner-prisoner has been punished by jail authorities on 6/4/2008, therefore, he has rightly been found not eligible for admission to open air camp. Therefore, we do not find any substance in this writ petition. The writ petition is dismissed accordingly. (J.R. Goyal),J (Dalip Singh),J. VS Shekhawat/- Jr. P.A. D27