1 2025:CGHC:1533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2647 of 2017 Samal Sutradhar, S/o. B.C. Sutradhar, Aged About 40 Years, Working As Warden, Central Jail, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - The Director General, Jail And Correction Services, Chhattisgarh, Raipur, Chhattisgarh. 3 - The Jail Superintendent, Central Jail Bilaspur, District Bilaspur, Chhattisgarh. 4 - The Assistant Jail Superintendent, Central Jail, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondents For Petitioner : Mr. Goutam Khetrapal, Advocate For Respondents : Mr. Sharad Mishra, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.01.10 17:47:34 +0530 2 09.01.2025 1. This writ petition is directed against the impugned order dated 11.04.2016 passed by Director General, Jail & Correction Services, Raipur, by which the order of the Jail Superintendent dated 19.10.2015 has been affirmed, whereby the petitioner has been imposed the penalty of stoppage of two increment with cumulative effect. 2. Mr. Goutam Khetrapal, learned counsel for the petitioner, submits that the disciplinary authority, the appellate authority and also the State Government in second appeal, all the three authorities are absolutely unjustified in holding that the petitioner is guilty and they are further unjustified in withholding of major punishment of stoppage of two increments with cumulative effect. Therefore, the impugned orders are liable to be set aside. In alternative, he submits that considering the gravity of the alleged misconduct, the punishment imposed is liable to be reduced to stoppage of one increment with non-cumulative effect. 3. Mr. Sharad Mishra, learned State counsel, would support the impugned order and submit that considering the misconduct committed by the petitioner, the punishment of stoppage of two increments with cumulative effect is 3 absolutely justified, therefore, the writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. It is a case of the petitioner that he was subjected to departmental proceeding on account of running away of two under trial prisoners from the jail while he was in duty as jail-guard, which has been found proved and consequently the punishment of stoppage of two increments with cumulative effect has been imposed upon him. 6. Considering the submissions of the learned counsel for the parties and the fact situation of the case, the stoppage of two increments with cumulative effect would be a major penalty in terms of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966. Furthermore, the petitioner was cited by the State itself as a prosecution witness in Criminal Case No.53/2014, in which, the two accused i.e. Kaushal Gandharv and Raju Singh, who have fled away from the jail premises, were prosecuted for the offence under Section 224/34. Accordingly, in my considered opinion, in the interest of 4 justice, it would be appropriate to convert the stoppage of two increments with cumulative effect to the extent of stoppage of one increment with non-cumulative effect. 7. In the result, the writ petition is partly allowed and the orders of the disciplinary authority, the appellate authority and the State authority are modified to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok