DR. AMINU DEEN S/O LATE SHRI BULAKI KHAN Vs. SECRETARY, INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI BHAWAN, NEW DELHI

JUDGEMENT

(1.) The present writ petition has been preferred to assail the validity of the order dated 24.05.2012 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No.189/2010 (Dr. Aminu Deen v. Indian Council of Agricultural Research and Anr.) whereby the original application of the petitioner-applicant has been dismissed.

(2.) For appreciation of the controversy in this writ petition briefly the facts in the case are that the petitioner-applicant was working as Principal Scientist under the Indian Council of Agricultural Research (ICAR). In the year 2006, the Agricultural Scientists Recruitment Board invited applications for filling up the post of Director, National Research Centre of Camel (NRCC) at Bikaner and the respondent No. 2 Dr. K.M.L. Pathak was selected for the aforesaid post. The selection of respondent No. 2 was challenged by the petitioner by filing an original application being O.A. No.105/2007 in Central Administrative Tribunal, Jodhpur Bench, Jodhpur which was disposed of by the Tribunal, directing the governing body of the Indian Council of Agricultural Research to examine the matter. The Indian Council of Agricultural Research considered the matter and found the appointment of respondent No. 2 Dr. K.M.L. Pathak in accordance with the rules and upheld the same. Therefore, the petitioner Dr. Aminu Deen pleaded that the initiation of disciplinary inquiry against him is nothing but an act of vengeance to settle the score against the petitioner by respondent No. 2.

(3.) It is the case of the petitioner that certain trees in the campus of the NRCC, Bikaner were being cut and the petitioner feeling that the same was not correct, raised objection and an altercation took place on 26.08.2008, resulting into the issuance of a charge-sheet to the petitioner. The petitioner filed a complaint against the private respondent No. 2 and two other officials of the National Research Centre of Camel, Bikaner namely Shri Satnam Singh and Shri Mahender Kumar Rao and on the basis of the same an FIR was registered but the proceedings against the respondent No. 2 were dropped by the police as no challan was filed in the criminal Court against the respondent No.2 whereas the proceedings against other two officials are said to have been pending before the competent criminal Court at Bikaner.