Delhi HC quashes punishment ticket as no show cause notice was issued to inmate in terms of Rule 1272 of Delhi Prisons Rulesbefore awarding the same
Justice Amit Bansal [23-02-2024]

Read Order: KULDEEP versus STATE OF NCT OF DELHI [DEL HC- W.P.(CRL) 1981/2023]

LE Correspondent

New Delhi, February 28, 2024:After considering the fact that no show cause notice was issued to the petitioner-inmate before awarding hima punishment ticket, the Delhi High Court has granted him relief by quashing the same.

The Single-Judge Bench of Justice Amit Bansal was considering a petition seeking quashing of a Punishment Ticket awarded to the petitioner on February  13, 2018. The facts suggested that the inmate Kuldeep started arguing and misbehaving with the jail officialswhen he was not allowed to make a phone call. As the inmate had violated the rules mentioned in the Delhi Jail Manual-Chapter-V-Discipline of Prison, it was held that he may be punished accordingly.As per the Punishment Ticket, meeting, mobile phone and canteen facilities were ordered to be stopped for 15 days.

The petitioner was admitted in Central Jail, Rohini, New Delhi, as an undertrial prisoner in an FIR registered under Sections 302/201 of the Indian Penal Code, 1860.

It was the case of the petitioner that the Punishment Ticket was awarded without issuing the requisite notice. Further, the petitioner was not provided with a copy of the Punishment Ticket, which was forwarded to the concerned Inspecting Judge, as mandated in terms of Section 53 of the Delhi Prisons Act, 2000 and Rule 1272 of the Delhi Prisons Rules, 2018. It was also submitted that the overall conduct of the petitioner in the Nominal Roll had been shown as unsatisfactory.

The State Counsel opposed quashing of the Punishment Ticket. In the Status Report filed on behalf of the State, it was stated that the petitioner had misbehaved and threatened the jail officials. Consequently, the Punishment Ticket was raised wherein the petitioner was awarded the following punishment: “Mulakat, Vodaphone (Mobile Phone) and Canteen facility to be stopped for 15 days.”

Referring to section 53 of the Delhi Prison Act, 2000 and the Rule 1272 of the Delhi Prison Rules, 2018, the Bench observed that the Status Report filed on behalf of the State was silent on the aspect of whether any notice was issued to the petitioner before awarding the Punishment Ticket.

The High Court was of the opinion that that present case was squarely covered by the judgment of the Coordinate Bench in Vipin Sharma v. State (Govt. of NCT of Delhi) wherein a punishment ticket was quashed for want of following the prescribed procedure. It was held that once the procedure for awarding the punishment has been prescribed, it has to be complied with in its true letter, spirit and intent.

“In view of the discussion above, I am of the considered view that the Punishment Ticket has been awarded to the petitioner without following the procedure prescribed under the aforesaid provisions of the Delhi Prisons Act, 2000 and the Delhi Prisons Rules, 2018. The record reveals that no show cause notice was issued to the petitioner in terms of Rule 1272 before awarding the Punishment Ticket”, the Bench said.

Thus, allowing the petition, the Bench quashed the Punishment Ticket.