Nagpur: In response to the Special Leave Petition (SLP) filed by Nagpur’s Central Jail Superintendent, Anup Kumre, Justice Ajay Rastogi and Justice Abhay Oka at the Supreme Court have issued notice to the Nagpur Bench of Bombay High Court on the administrative side and the State Home Secretary to show cause by August 26, 2022.
The SLP is directed against suo motu orders passed by the High Court’s division bench here on the criminal side on October 8, 2021, and March 15, 2022. The SC has also directed that in the meantime, the respondent may place on record the departmental action, which has been taken against the petitioner in compliance with the orders passed by the High Court.
Gold Rate
07 May 2025
Through the impugned orders the HC has directed departmental inquiry against the petitioner for acts of omission and commission for disobedience of its binding judgement delivered at Mumbai, in the case of Milind Patil v. State of Maharashtra, interpreting eligibility criteria of convicts for release on Covid Emergency Parole under amended Mumbai (Furlough and Parole) Rules of May 8 2020, while deciding applications of convicts.
According to the petitioner, his mistakes were not intentional, but committed in due course of service and have occurred on account of heavy burden of work during COVID -19 pandemic. He has stated that Superintendents of Thane, Nashik and Aurangabad jails have also committed similar mistakes, hence departmental Inquiry only against him is not justified. Further, under Section 4 of the Epidemics Act, 1894, a person has protection from inquiry against any action taken in good faith.
The petitioner has also pointed out that Nagpur Bench of the Bombay High Court has erred in directing suo motu departmental inquiry against him despite tendering of an unqualified apology by him and it is a fit case for interference to prevent miscarriage of justice.
Advocate Sudheer Voditel appeared for the petitioner.
