HC stays Gujarat`s showcause notices issued to top cop Sharma
Ahmedabad: Six showcause notices issued by the Gujarat state government to Indian Police Service (IPS) official Rahul Sharma, who had put state functionaries in the dock while deposing before the 2002 riots probe panel, have been stayed by the Gujarat High Court until August 13.
A division bench of the Gujarat High Court comprising Justice Aqeel Qureshi and Justice Mohinder Pal has granted a stay over showcause notices until August 13, when the next hearing would be held in the case and issued notices to the Gujarat state government as well as its functionaries in connection with Sharma`s plea.
The six showcause notices were issued to him by the Gujarat government alleging "misconduct" as an officer.
Director General of Police (DGP) PC Thakur, Additional Chief Secretary (ACS), Home SK Nanda, Additional DGP of Armed Units Tirthraj, former DGP Chitranjan Singh and Principal Secretary to the state government Varesh Sinha and the Union of India were also served notice today over Sharma`s plea.
The High Court has also asked all respondents to file their reply by August 13.
Yesterday, Sharma had moved a plea before the Gujarat High Court after the Ahmedabad bench of Central Administrative Tribunal (CAT) had ,on August 6, vacated a stay over the six show-cause notices issued to him which was earlier granted by CAT in March this year.
In his petition before the High Court, Sharma alleged that the Gujarat state government`s action against him was as an act with malafide intentions.
Challenging the CAT`s order, Sharma contended that vacating the stay by the tribunal would allow the state of Gujarat to conduct an inquiry against him.
With the stay given today by the High Court, the state cannot inquire against Sharma with regard to the show cause notices.
In March this year, he had filed three petitions to the CAT alleging harassment by the Gujarat government and other superior officers, stating that since he had submitted crucial evidence before the Justice GT Nanavati-Akshay Mehta Commission probing the 2002 riots, which indicted the government, he is being targeted.
"Giving cash awards" to drivers and other subordinates as well as committing "spelling mistakes" were among the charges in the six showcause notices issued to Sharma.
Besides these six showcause notices, the Gujarat state home department officials made adverse remarks in his Annual Confidential Report (ACR) which prevented his promotion, Sharma had alleged in his petition to CAT.
In 2011, Sharma had moved CAT to quash the chargesheet issued by the Gujarat government in which he was charged that he had not deliberately submitted the compact disc (CD) containing crucial call records details of the 2002 riots to the state but instead gave it to the Nanavati commission.
Sharma said that the CD contained the call record details of some of senior politicians,government bureaucrats, police officers as well as VHP and Bajrang Dal functionaries which were compiled by him while investigating riots cases pertaining to Naroda Patiya, Naroda Gam and Gulbarg Society.
The CD containing these details was submitted to the Nanavati Commission by him, he said.
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