NAVED ANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution against charge sheet dtd. 2/12/2021 (Annexure P/1) issued by the Principal Secretary, Animal Husbandry and Dairy Department, Bhopal (respondent No.1) , alleging his negligence by the Borrowing Department i.e. Rustomji Armed Police Training College, Indore (MP) (hereinafter referred to as 'the RAPTC') in the death of a horse 'Cleopatra' on 20/10/2020. The petition has also been filed against non-confirming of the petitioner's Voluntary Retirement application; and also against non-grant of his retiral benefits.

(2.) In brief, the facts of the case are that the petitioner was appointed on the post of Veterinary Assistant Surgeon vide order dtd. 8/8/1991 (Annexure P/2), in the Animal Husbandry Department and was posted in District Jhabua. On 18/8/2011 (Annexure P/3), he was posted in the Home Department, on deputation, as Veterinary Officer in RAPTC and looking to his services, his deputation was extended from time to time till 23/2/2021. The petitioner also claims that his services in the RAPTC were also appreciated for which, he was also given a letter of appreciation dtd. 28/03/2017 which is placed on record as Annexure P/4.

(3.) The case of the petitioner is that his tenure on deputation did not go well with the appointment of the then Additional Director General of Police, RAPTC, Shri Varun Kapoor; and hence vide application dtd. 7/1/2021 (Annexure P/5), he asked for cancellation of his deputation, and his next posting to his Parent Department which also resulted in recalling of the petitioner from RAPTC to his Parent Department vide order dtd. 23/2/2021 (Annexure P/6). However, it is alleged that the petitioner was not relieved from RAPTC only on account of the said ADG, Varun Kapoor. A letter in this regard was also sent by the petitioner with a request for his relieving from RAPTC so that he can join at Dewas.