Dismissed

Fouzia Sultana v. TheState of Ap. through secretary, Home Department

Telangana HC13 Aug 2012WP/3584/2011

Case brief

AI extract

What is this about?

In this Writ Petition, the Court addressed a challenge to a prison enquiry conducted by a Deputy Inspector General described by petitioners as an assailant. The Court held that since the Officer was in the office and the incident occurred elsewhere, no bias existed, dismissing the petition.

What did the court decide?

Writ Petition dismissed with relief left open; no order as to costs.

Fouzia Sultana Vs TheState of Ap. through… — Service and Employment | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION No.3584 OF 2011

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ORDER:

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This Writ Petition is filed seeking to declare the action of respondents in conducting an enquiry regarding the incident that took place at Cherlapally Central Prison on 31.01.2011 through respondent No.3, as illegal and arbitrary and consequently, to direct respondent No.1 to conduct judicial enquiry through First Class Magistrate in respect of the incident.

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2. The whole grievance of the petitioners is that the Government ordered an enquiry to be conducted through the Deputy Inspector General, who himself was an assailant; that he submitted an Enquiry Report; and that the person who himself was one of the assailants conducted the enquiry and gave a clean chit to the other assailants.

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3. The Government filed a detailed counter affidavit stating that the present prisoners were booked in sensational cases; that their cases were highlighted all over the Nation; that they were kept in the barracks of Papagni Block to keep close watch and security; that the Director General and Inspector General of Prisons and Correctional Services, Andhra Pradesh, Hyderabad, appointed the Additional Inspector General of Prisons, Andhra Pradesh, Hyderabad, to conduct an enquiry and accordingly, he conducted an enquiry and submitted a report; and that at the time of incident, the Additional Inspector General of Prisons was present in the office and he was not present where the incident had taken place i.e., at Papagni Block, where the remanded persons were detained.

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4. Heard both sides.

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5. If the Enquiry Officer was shown to have been present at Papagni Block at the time of the incident he, in the fitness of things, ought not to have been appointed as an Enquiry Officer to conduct an enquiry because one cannot be a Judge for his own cause himself, which is one of the fundamental principles of natural justice. In the instant case, as seen from the allegations and also the copy of the Enquiry Report made available to this Court, it is clear that the Enquiry Officer was actually present in the Office and the incident had taken place in Papagni Block, which is far away from the Office. Therefore, no bias can be attributed to the Enquiry Officer. Hence, the Writ Petition is devoid of merit and is liable to be dismissed.

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6. Accordingly, the Writ Petition is dismissed leaving open the remedies available to the petitioners in law. There shall be no order as to costs.

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7. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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_______________ K.C.BHANU, J

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August 13, 2012 MD

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION No.3584 OF 2011

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August 13, 2012

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Fouzia Sultana v. TheState of Ap. through secretary, Home Department

Case brief

What is this about?

What did the court decide?

Fouzia Sultana v. TheState of Ap. through secretary, Home Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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