ORDER Jasbir Singh, J. - A complaint dated nil was received by this Court through post, wherein it was stated by some inmates of District Jail, Karnal that on the intervening night of 1/2nd of July, 1992, they were taken out of their cell and were beaten up severely. It was further mentioned that the officials mentioned in the complaint were under the influence of liquor. It was further stated that once outsider namely Balbir Singh, resident of village Bapoli was also present in jail at that time. Matter was taken up on administrative side and an Honble Judge of this Court, vide order dated 18.8.1992, asked the District and Sessions Judge Karnal to enquire into the matter and report. 2. Thereafter, matter was inquired into by the District and Sessions Judge, Karnal, who in his report dated 14.12.1992, formed the following opinion :- "3. As the occurrence was stated to have been witnessed by Head Constable Krishan Lal of District Jail, who too was alleged to have been abused and battered by the Deputy Supdt. and Assistant Superintendent Jail, so his statement was also recorded in the course of inquiry on 4.12.1992. He too had fully corroborated the narration given by the under-trials and accused the aforementioned jail officials of having indulged in high-handedness. 4. It must further be noticed that the probe into the matter had also been conducted by higher jail authorities. As evidenced from the photo copy of report made by the Superintendent District Jail, Karnal, he had faulted the conduct of these officials and recommended for departmental action, including transfer, against them. Even the results of medico-legal reports of the under-trials named Sushil Kumar, Subhash, Gurdasa and Suraj Bhan, photo copies whereof were collected during inquiry, also established the presence of abrasions and contusions on their person. 5. All the circumstances on record including the presence of an outsider in the jail premises at that odd hour of the night in the company of jail officials, complained against, pointed, prima facie, towards their culpability in the manner." The matter was then taken up on judicial side and on 5.3.1983, following order was passed by this Court :- "Notice to the State as well as Advocate General, Haryana, to issue to show cause why case was not got registered at the police station.
Copy of the application and the order passed thereon be sent to the State as well as Advocate General, Haryana. To come up on April 23, 1993." 3. Mr. G.P.S. Nagra, AAG Haryana has placed on record one affidavit dated 13.1.1995 of Daya Nand Beniwal, Superintendent District Jail Karnal, in Court today, wherein it has been mentioned that even during departmental enquiry, officials named in the complaint, were found to be guilty and they were charge-sheeted and after enquiry, Additional Director General of Prisons, Haryana awarded them the punishment of written warning. 4. After hearing counsel for the State and going through the facts of this case, this court is of the opinion that the offence committed by the officials, whose names found mentioned in the complaint, is very serious. Since, they have already been punished, on the basis of some departmental enquiry, it will not be appropriate at this stage, to order registration of case against them. However, it is directed that if they are in service, in future, they should not be put on any important duty in jail. Application is disposed of. Order accordingly.