PATNA, India, July 7 -- Patna High Court issued the following judgment on July 1:

This petition has been preferred by the petitioner seeking the following reliefs:

2 Brief facts of the case are that while the petitioner was posted as Jail Superintendent, an under trial prisoner died during the course of treatment at Sadar Hjospital, Purnea. For that, the petitioner was placed under suspension. The District Magistrate had constituted a Three Men Enquiry Committee and on the basis of the report submitted by the Enquiry Committee, charge sheet has been issued to the petitioner. As many as five charges were framed against him. After concluding the enquiry, the Enquiry Officer submitted his report dated 27.05.2019 (Annexure 4 series) whereby the Enquiry Officer arrived on the conclusion that all the charges levelled against the petitioner were duly proved. On the basis of said enquiry report, second show cause was issued by the Disciplinary Authority and subsequently the order impugned has been passed by the authorities. Hence, this petition.

3 It is submitted by the learned counsel for the petitioner that in the charge memo, list of witnesses and list of documents were annexed. However, during the course of enquiry, none of the listed witnesses have been examined by the Department and the Enquiry Officer, only on the basis of submission made by the Presenting Officer, arrived on the conclusion that all the charges levelled against the petitioner found proved. Learned counsel, referring to the judicial enquiry report dated 12.10.2018 (Annexure 5 series) further submits that in the judicial enquiry, it was found that the doctors, who treated the prisoner, were negligent while treating the prisoner. It was further opined by the Enquiry Officer in the judicial enquiry that handcuff was used on the direction given by the concerned doctor O P Saha. But the Enquiry Officer did not consider these aspects and wrongly arrived on the conclusion that all the charges levelled against the petitioner have been proved.

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