The Central Administrative Tribunal (CAT) on Tuesday admitted Gujarat IPS officer Rahul Sharma's petition challenging the charge sheet against him regarding submission of CDs containing phone call records related to 2002 riots, and stayed all proceedings against him.
A Tribunal Bench of Ashok Kumar and Chameli Majumdar, hearing the case, also observed that prima facie charge sheet should not have been issued to Sharma. It issued a notice to the state government and asked it to file a reply to the police officer's petition within two weeks.
The Bench asked Sharma to file, within one week, his rejoinder after government's reply and posted the matter to April 27 for further hearing. The Bench directed the government to stay all proceedings regarding the charge sheet, filed in August 2011, till the CAT decides on the IPS officer's petition.
The petition was filed by Sharma last year contending that he was being victimised for deposing before the Nanavati Commission, probing the post-Godhra riot cases. Sharma's petition, before being admitted today, was heard at length by CAT on the issue whether he enjoys immunity under Section 6 of Commission of Inquiry Act (CIA), 1952 from all civil and criminal proceedings.
The Section provides protection to a witness, against civil and criminal actions, for statements made by him before a judicial commission. The government had rejected Sharma's contention and described his petition as ‘premature’.
It had further claimed there was no connection between the charge sheet against Sharma, whom it accused of misconduct, and his deposition before the riot panel.