The division bench of Justice SR Brahmbhatt and Justice VB Mayani issued notice to the state and central government, and directed them to file their reply in the matter by April 8
Acting on a petition filed by IPS officer Rajnish Rai who is fighting a bitter battle with the Centre and State over the rejection of his application for early retirement and initiation of a departmental probe, the Gujarat High Court on Monday sought a reply from the state and union government in this regard. The division bench of Justice SR Brahmbhatt and Justice VB Mayani issued notice to the state and central government, and directed them to file their reply in the matter by April 8.
The court, while dictating its order on Monday, said that prima facie, there is substance in the arguments made by Rai. It also said that the judgments cited by him clearly indicate that in the absence of specific provisions under the All India Services (Death-cum-Retirement Benefit) Rules, the denial of the dues, and suspending and initiating an inquiry against him would be "questionable".
The IPS officer moved to high court seeking a direction to the state and central governments not to interfere with any employment application made by him to any organisation. He has also appealed to the court to restrain the authorities from taking any coercive action against him.
Rai, who probed the Sohrabuddin Sheikh encounter case and arrested a dozen accused including three IPS officers, had submitted before the court that he had already completed 50 years of age and was, therefore, entitled to put in his papers on November 30, 2018, for premature retirement after giving three-month notice. He submitted that there is no requirement of any permission for seeking premature retirement. Hence, declining him early retirement, initiating inquiry on November 14, 2018, and suspending him on December 17, 2018, is illegal and impermissible.
Rai, through his counsel and former IPS officer Rahul Sharma, contended that his plea against Centre's action is pending before Ahmedabad bench of the Central Administrative Tribunal (CAT) and in absence of an interim relief, the authorities will continue with the inquiry. The court has permitted the IPS officer to seek adjournment The matter will be heard by the court on April 8.
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IPS officer Rajnish Rai moved to HC seeking a direction to the state and central governments not to interfere with any employment application made by him to any organisation.
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