The Hindu : Tamil Nadu / Chennai News : Government directed to reinstate jail warden

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Sunday, Jan 07, 2007
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Tamil Nadu

Tamil Nadu - Chennai

Government directed to reinstate jail warden

Special Correspondent

CHENNAI: The Madras High Court has ordered reinstatement of a jail warden dismissed from service for "misconduct."

A Division Bench comprising Justices Dharma Rao Elipe and K. Suguna directed the Government to reinstate R. Azhagesan with all service benefits including seniority.

The matter relates to anonymous letters against the Madurai Range Deputy Inspector-General of Prisons. Suspecting the involvement of Mr. Azhagesan, relevant documents, including the letters, were sent for forensic study. The report concluded that handwriting belonged to the same person. The DIG of Prisons asked the Superintendent of Palayamkottai Central Prison to inquire into the matter. Mr. Azhagesan was found guilty of misconduct and dismissed in November 2000 under the provisions of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules.

The writ petition was filed after the Tamil Nadu Administrative Tribunal held that the dismissal was legal and proper.

The order

In their order, the Judges pointed out that the prison administration sent the handwriting of Azhagesan for study as soon as the anonymous letters were received. "Evidence was collected behind his back and it was used for initiating disciplinary action against him."

It said though the dismissed warden had sought 18 documents for verification, he was not given a single copy. Also, his plea to cross-examine the handwriting expert was turned down by the inquiry officer.

Though the allegations themselves were against the DIG of Prisons, the official was allowed to nominate an officer subordinate to him to hold inquiry. This has "come under the cloud of bias, prejudice, ill-will and animosity, as alleged by Mr. Azhagesan."

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