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IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 11^th OF MAY, 2023

WRIT PETITION NO. 10627 of 2023

BETWEEN:-

ANAND KUMAR SHARMA S/O SHRI

RAMSWAROOP SHARMA, AGED 54 YEARS,

OCCUPATION : SUB INSPECTOR, 13TH

BATTALION S.A.F. GWALIOR, N-43, R. K. PURI

THATIPUR, GWALIOR (MADHYA PRADESH)

…..PETITIONER

(BY SHRI VIVEK KUMAR MISHRA - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH

THROUGH PRINCIPAL SECRETARY,

MINISTRY OF HOME DEPARTMENT,

VALLABH BHAWAN BHOPAL

(MADHYA PRADESH)

2.

ADDITIONAL DIRECTOR GENERAL OF

C.I.D, P.H.Q. BHOPAL MADHYA

PRADESH

3.

ASSISTANT INSPECTOR GENERAL OF

POLICE C.I.D., (ADMINISTRATION)

P.H.Q. BHOPAL MADHYA PRADESH

4.

ASSISTANT INSPECTOR GENERAL (J)

CID, P.H.Q. BHOPAL MADHYA

PRADESH

…..RESPONDENTS

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(BY SHRI SIRAJ QURESHI – GOVERNMENT

ADVOCATE)

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This petition coming on for admission this day, the Court passed

the following:

ORDER

The present petition under Article 226 of the Constitution of India

has been filed by the petitioner seeking following reliefs:-

“1.

The impugned chargesheet dated 16.02.2023

vide Annexure P-1, issued by the respondent no.3 may

kindly be quashed.

2.

Any other relief which this Hon'ble Court deem

fit in the facts and circumstances of the case may

kindly be granted to the petitioner.”

The present petition has been preferred against the order dated

16.02.2023 (Annexure P-1), whereby a charge-sheet has been issued by

the respondent No.3 who is alleged to be incompetent to issue the

aforesaid charge-sheet as the said authority is of the borrowing department

and the petitioner presently posted in the parental department.

Brief facts of the case are that initially the petitioner was appointed

on the post of Constable and was posted in 23^rd Batallion S.A.F., Bhopal

and looking to his unblemished career, he was promoted time to time and

even certificate regarding his dedication and sincere duty were issued by

the Department. On 16.08.2018, the petitioner was appointed on

deputation in the zone of Criminal Investigation Department from the

S.A.F. Department Gwalior and since then he is working with the said

department, thus, it is very much clear that S.A.F. is the parental

department of the petitioner and C.I.D. is a borrowing department. On

14.03.2023, the petitioner was repatriated from the borrowing department

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to the parent department. Just prior to repatriation vide impugned order

dated 16.02.2023 the borrowing department has issued a charge-sheet

wherein there was mention of criminal case registered at Crime No.460 of

2019 under Sections 323, 324 and 34 of IPC against the petitioner and the

same said to have been registered on 30.06.2019 which pertains to a raid

conducted by the C.I.D. Department, when the petitioner was under

deputation therein and was with regard to information of child labour in

the institution of the complainant and as a counterblast the concerning

businessman lodged an F.I.R. with ulterior motive against the petitioner

and other officers which was totally political motivated and in the inquiry,

department has found the aforesaid criminal case to be suspicious.

As of today, the petitioner being posted in the parental department,

the borrowing department has no jurisdiction to issue the charge-sheet

against him but even then the impugned charge-sheet (Annexure P-1) has

been issued by the respondent No.3 who is the authority of borrowing

department and as the borrowing department was having no right to

initiate any departmental inquiry against the petitioner, it was contended

that the said charge-sheet is vitiated and deserves to be quashed. Hence,

being aggrieved by the aforesaid issuance of charge-sheet, the present writ

petition has been filed.

Learned counsel for the petitioner has vehemently argued that the

impugned charge-sheet (Annexure P-1) da