(1)For the following offences, if committed by any Jail Officer and/or Jail subordinate, a prosecution shall be instituted under sub-section (1) of section 54 of the Prison Act, 1894 against the offender, provided the evidence is such as to make a conviction probable: -(i)Negligently or voluntarily permitting an escape.(ii)Any offence under section 42 of the Prison Act, 1894 relating to the introduction of or supply to prisoners of forbidden articles, unauthorised communication with prisoners, and abetment of such offences.(iii)Receiving any presents, directly or indirectly, receiving any monetary gain from contractors and private persons, who have business dealing with the Jail.(iv)Any serious offence punishable under the Indian Penal Code 1860(V of 1860) or other Criminal Law.(2)If there is no prima facie evidence sufficient for a conviction but the evidence is sufficient to produce reasonable belief of the guilt of the officer of the subordinate to the mind of the authority concerned, the authority shall hold a departmental enquiry. However, the person concerned shall be invariably prosecuted for wilfully permitting escape of a prisoner, and, committing serious offence under the Indian Penal Code, 1860 (V of 1860) or other criminal law, and, the enquiry should be conducted by the Police.
