Ravi Kumar, Through His Mother - Smt. Sumitra v. State, Through Director General And Another

1. Heard learned counsel for the parties. Perused the material available on record.

2. The petitioner was sanctioned transfer to the Open Air Camp vide recommendation dated 22.09.2021. Jail punishment of 10 days reduction in remission has been handed down to the petitioner, as a consequence, by order dated 07.02.2021, by resorting to the instructions in second last paragraph of the recommendations dated 22.09.2021, he has not been sent to the Open Air Camp. The proceedings dated 07.02.2021 indicate that the petitioner was assigned the job of cleaning the jail canteen. When the canteen was searched by the police, a sim was recovered hidden inside a cardboard box.

3. The original record was summoned and has been perused. Apparently, the sim was neither recovered at the instance of the petitioner nor has he been arraigned as an accused for the said recovery. The FIR has been registered against the canteen incharge Jail Guard Shri Sarjeet Singh.

4. In this background, apparently, the imposition of jail punishment supra against the petitioner is absolutely unjustified and arbitrary and thus, the same is quashed.

5. Resultantly, the jail authorities are directed to forthwith transfer the petitioner to the Open Air Camp in terms of the recommendation dated 12.10.2021.

6. The writ petition is allowed accordingly.