"The State has challenged the stay order granted by the Tribunal to Rahul Sharma in April this year. The matter will come up for hearing soon," said Prakash Jani, Government Pleader in the Gujarat HC.
Sharma had approached the CAT in September last year after the Gujarat Government chargesheeted him for alleged misconduct under Sec 3(1) of All India Service Rules, 1969.
He was charged with misconduct for not submitting the original CDs containing mobile phone call records related to 2002 communal riot period to respective Investigating Officers or his supervisory officers when he was transferred from the post of DCP Control (Ahmedabad).
Immediately after the riots, Sharma was transfered to Ahmedabad from Bhavnagar and asked to assist in investigations of the riot cases. As part of it, he had collected details of mobile phone calls made at the time of rioting and made CDs of them. Before he could analyse them, he was shifted to Surat.
Sharma, in his petition before the Tribunal, had contended that he was being victimised for deposing before the Nanavati Commission, probing the post-Godhra riot cases.
On April 3, a Tribunal bench consisting of Ashok Kumar and Chameli Majumdar ruled the IPS officer was chargesheeted for his deposition before the Commission.
It had further said Sharma enjoyed immunity under Section 6 of the Commission of Inquiry Act (CIA). The section provides protection to a witness against statements made by him/her before a judicial commission.
The bench had also stayed all proceedings against Sharma and restrained the Government from taking action with regard to the chargesheet.