Appears against Single Judge setting aside punishment for warders after jail break. Held inquiry findings perverse. Court dismisses appeals, upholding punishment.
Both writ appeals dismissed with cost to parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
WA No.232 of 2019 & WA No.250 of 2019 NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 232 of 2019
---- Appellants
Versus
---- Respondent
And
WA No. 250 of 2019
---- Appellant
Versus
2
WA No.232 of 2019 & WA No.250 of 2019
---- Respondent
For Appellants/State : Shri Chandresh Shrivastava, Dy. Advocate General. For Respondents : Shri Goutam Khetrapal, Advocate. (Writ Petitioners)
(Proceedings through Video Conferencing) Hon'ble Shri Prashant Kumar Mishra, Ag. CJ Hon'ble Smt. Rajani Dubey. J.
Judgment on Board By Prashant Kumar Mishra, Ag. CJ.
15-07-2021
3
WA No.232 of 2019 & WA No.250 of 2019 Raipur, whereas in the writ petition preferred by Jaiprakash Kannouje, the order of punishment and order passed in appeal are same, as in the earlier petition, vide Annexures P-4 and P-5 respectively.
4
WA No.232 of 2019 & WA No.250 of 2019 here and there. Both the petitioners have narrated in detail as to the happening on the said date in which due to violence let lose by the inmates, they were over powered and subjected to assault in which the petitioners sustained injuries. It was specifically stated that one prisoner Sujeet Vapaska fired on petitioner Jaiprakash Kannouje, however, when he bent down to save himself one inmate Vishwajeet sustained gun shot. Both the petitioners were pushed on ground and their hands were tied. Inmate Madavi Vargees assaulted the petitioner Sunil Kumar Pujari over his head due to which he fell unconscious. Sunil Kumar Pujari has also filed the discharge ticket issued by the Government Medical College Associated Maharani Hospital, Jagdalpur, showing treatment given to him for gun shot injuries although in his written defence Annexure – P/2 he has only mentioned that he was assaulted by club.
5
WA No.232 of 2019 & WA No.250 of 2019
such cases where there is no evidence against the petitioners and yet they have been punished.
6
WA No.232 of 2019 & WA No.250 of 2019
mentioned in the list of documents supplied with the charge sheet.
Sd/-
Sd/-
(Prashant Kumar Mishra) (Rajani Dubey) Acting Chief Justice Judge
Gowri
2 issues framed by the court
Whether the High Court can interfere with the findings recorded by the enquiry officer on the grounds of exception to the standard of proof or because the findings were against the weight of evidence.
Whether the conclusions drawn by the learned Single Judge that the inquiry process was flawed and perverse withstand scrutiny under writ appellate jurisdiction.
Colour shows how this judgement treated each authority
Kuldeep Singh v Commissioner of Police and OthersReferred¶12
Kuldeep Singh v Commissioner of Police and Others
3 provisions across 2 enactments
State of Chhattisgarh Through Department of Home (Jail)
Jaiprakash Kanouje
Sunil Kumar Pujari
Prashant Kumar Mishra
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
