Ahmedabad: IPS officer Rahul Sharma on Thursday
contended before the Central Administrative Tribunal (CAT)
here that the state government had acted with malice while
chargesheeting him in connection with the CDs containing
mobile phone call records during the 2002 riots.
Sharma had approached CAT early this month challenging
Gujarat government`s chargesheet of August 13, alleging him of
misconduct under Sec 3(1) of All India Service Rules 1969.
He is accused of not submitting original CDs
containing mobile phone call records related to 2002 communal
riots period to the respective investigating officers of
riot cases or to his supervisory officers.
The original CDs are presently not traceable, and only
copies of it are available.
Sharma has made the Chief Minister Narendra Modi as
one of the respondents in his petition, besides the Chief
Secretary and Additional Chief Secretary, Home, Varesh Sinha.
Shrama`s counsel Mukul Sinha today contended before
the Tribunal Bench of Mukesh Gupta and Ashok Kumar that state
had acted with malice and distorted facts to chargesheet his
client with regard to the phone call CDs.
Sinha contended that there was a delay of nine years
in the action by the state government as it had issued show
cause notice in the matter to Sharma for the first time only
in February this year.
There was no misconduct on the part of Sharma as alleged
in the state government chargesheet which accused him of
taking away, and not submitting back, the phone call records
CDs which should have been part of the official records, Sinha
submitted before the CAT.
He further said that Sharma was also being targeted
because he deposed before the Supreme Court amicus curie in
the riots cases, Raju Ramchandran on being summoned.
The Tribunal bench asked Sinha to submit the document
that could prove that Sharma was summoned by Ramchandran, for
which he sought time.
The CAT granted Sinha time till September 22 to submit
the documents and scheduled the next hearing on the same day.
Sharma, was serving as Deputy Commissioner of Police
(Control), Ahmedabad during March 24, 2002 to July 3, 2002.
Sharma at that time had assisted the city crime branch
in the investigations of riots cases and had prepared a CD of
mobile phone call records of ministers, politicians, police
officers and bureaucrats between February 29, 2002 to March 2,
2002 by obtaining mobile call records from Mobile service
In his petition, Sharma while challenging chargesheet
against him, has said that he had sent the CDs in question
through a police messenger of the crime branch to the then
chief of crime branch P P Pandey.