In an interim order on April 3, CAT stayed all proceedings over the departmental chargesheet issued to IPS officer.
The Gujarat state government has filed a petition in the Gujarat high court challenging the order of the Central Administrative Tribunal (CAT) staying all proceedings against IPS officer Rahul Sharma. The CAT order was passed in connection with the departmental chargesheet earlier issued to Sharma by the state government.
“We have filed a petition challenging the CAT order of April 3 this year which stayed the chargesheet issued by the state government to the police officer,” said Tushar Mehta, additional advocate general (AAG).
Mehta further said that in the petition they have taken the ground that the government had issued a chargesheet against Sharma not for his deposition before the Nanavati commission but for a different reason. The petition is likely to come up for hearing soon before the high court.
On April 3, the CAT bench of Ashok Kumar and Chameli Majumdar had issued an interim order on Sharma’s petition challenging the chargesheet issued to him for not submitting the original CDs containing phone call records of the 2002 riot period.
The bench, prima facie, held that Sharma had immunity under section 6 of the Commission of Inquiry Act-1952 and had ordered that no action should be taken against him until final disposal of the case.
After admitting the case, the CAT bench had issued notice to the government to file a reply for the final hearing of the case.
Sharma had contended in his petition that he was being ‘victimised’ for deposing before the Nanavati commission which has been enquiring into the 2002 riot cases. The bench had heard Sharma's petition on the limited issue of whether he enjoys immunity from all civil and criminal proceedings under section 6 of the Commissions of Inquiry Act (CIA), 1952. Section 6 of the Act provides protection to witnesses against statements made by them before a commission of an enquiry.
Sharma was charged by the government for allegedly not submitting the original phone data CDs to senior officers. In his petition challenging the chargesheet, Sharma had said that he had sent the CDs in question through a police messenger to then JCP PP Pande.
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