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Rajnish Rai case: Gujarat High Court orders state and Centre to maintain status quo

Rai is fighting a bitter battle with both the Centre and state over the rejection of his application for early retirement and the initiation of a departmental probe.

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The Gujarat High Court on Thursday ordered the Union and state government to maintain status quo with regard to the departmental proceedings initiated against IPS Rajnish Rai and not to interfere in his appointment as a faculty by the Indian Institute of Management Ahmedabad.

Rai is fighting a bitter battle with both the Centre and state over the rejection of his application for early retirement and the initiation of a departmental probe.

The division bench of Justice SR Brahmbhatt and Justice AP Thaker granted the interim-relief to Rai after the counsels for the union and state government, respectively, sought time till Tuesday to get instruction on whether they will agree to an arrangement suggested by the court.

The court during the course of hearing on Wednesday suggested that it will set a time-limit for the Central Administrative Tribunal (CAT) to complete the hearing of the original application filed by Rai on the same issue.

Cop’s Defence

Rajnish Rai submitted before court that he had already completed 50 years of age and was entitled to put in his papers. He had also said that there was no requirement of any permission as such for seeking premature retirement

Moreover, it also suggested that in order to avoid any further complication, the contending parties will have to maintain the status quo, subject to final outcome of the application and any appellate proceedings.

While Rai agreed to court's order, the counsels for the state and the central government sought time till Tuesday for them to take instruction from the authorities concerned on whether they will agree to the suggestion of the court.

Therefore, the court has now adjourned the matter for further hearing till August 20 and in the meantime, a status quo has been ordered. However, the Ahmedabad bench of CAT is going to hear the case on August 21.

Rai, who probed the Sohrabuddin Sheikh encounter case and arrested a dozen accused including three IPS officers, had earlier 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 had also submitted that there was no requirement of any permission as such for seeking premature retirement.

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