DEVENDRA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the charge-sheet dtd. 12/12/2024 (Annexure P/1) and the charge-sheet dtd. 27/3/2019 (Annexure P/6) issued by respondent no. 2, being illegal and arbitrary. He has prayed for a direction to the respondents not to institute any disciplinary proceedings in relation to the allegations made in the aforesaid charge-sheet.

(2.) Facts necessary for decision of this case are that the petitioner was initially appointed as Bull Attender in Animal Husbandry & Dairying Department. He was promoted to the post of Assistant Veterinary Field Officer (AVFO) on 7/8/2019 and was posted in the office of respondent no.5- Deputy Director, Animal Husbandry Services Department, Gwalior. During the year 2015-16, a complaint was received against the petitioner alleging that he has fraudulently obtained the reimbursement of medical expenses based upon forged and fabricated document. It appears that a preliminary enquiry was conducted by respondent no.5, wherein, the allegations made were prima facie found correct. Initially, a show cause notice was issued to the petitioner on 18/1/2016 (Annexure P/3), asking him to explain the aforesaid allegations. The petitioner gave his reply on 22/3/2016. It appears that no further action was taken pursuant to this show cause notice.

(3.) It appears that some communication was made by respondent no.2 with the State Govt. in response to which vide memo dtd. 13/12/2018 (Annexure P/5), the Additional Secretary, Veterinary Department wrote to respondent no.2 stating that the allegations made against the petitioner needs to be inquired into at his level only. The respondent no.2, thereafter, issued a charge-sheet to the petitioner vide memo dtd. 27/3/2019 (Annexure P/6). Allegations made in this charge-sheet are with regard to obtaining reimbursement of the medical expenses, amounting to Rs.9,64,257.00 in relation to the treatment of his wife and himself during the period ranging from 2010-11 to 2014-15. The petitioner gave reply to this charge-sheet also on 27/3/2019 (Annexure P/6) and again nothing happened and the silence prevailed.