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Showing contexts for: parole system in Shivraj S/O. Hanmantrao Patil vs The State Of Maharashtra And Ors. on 26 November, 1992Matching Fragments
(2) reduction in grade if such prisoner has been appointed an officer of prison (3) loss of privileges admissible under the remission or furlough or parole system; or (4) loss of such other privileges as the State Government may by general or special order, direct."
It is clear that any punishment to be inflicted under section 48-A for overstay of the parole, will have to be awarded after obtaining the explanation of the prisoner alleged to have committed such offence. We do not find that any such opportunity was ever given to the petitioner to furnish his say and Shri Bhapkar, learned Additional Public Prosecutor, on instructions of the jail officials present in the Court, was fair enough to admit that no such explanation was obtained from the petitioner. Inquiry into the prison offences is of a quasi judicial nature and hence, they will have to follow the principles of natural justice. In the instant case, there is no question of inferring the requirement of following the principles of natural justice. The statute has, in clear terms, laid down that after obtaining the explanation of the prisoner, punishment can be awarded. Whether the punishment proposed to be imposed is a minor one or a major one as classified under Rule 5 of the Maharashtra Prisoners (Punishment) Rules, 1963, the requirement of seeking explanation from the prisoner is obligatory in all cases. Section 48-A itself has provided what punishment can be awarded and for inflicting any of these punishments, explanation will have to be obtained from the prisoner about his alleged misdeed.