The Gujarat High Court today dismissed a plea against post-retirement contractual appointments of two police officers, facing trial in alleged fake encounter cases.
The division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi dismissed the plea against contractual appointments of controversial police officers Tarun Barot and NK Amin on the government's contention that it was service matter, not liable to be heard by the high court directly.
The post-retirement contractual appointment of Barot and Amin had been challenged by former IPS officer Rahul Sharma, who had contended that the appointments were "not in the interest of a healthy police administration."
He had also argued that the appointments were against the provisions of the Bombay Police (Gujarat Amendment) Act.
The state government, however, had argued before the court that the duo were given contractual appointment after their performance was assessed as "outstanding."
It said the appointments were also in compliance with the Government Resolution (GR) and other administrative instructions.
It had said the appointments are made under Article 309 of the Constitution on the basis of statutory rules framed by the state government and does not violate the Police Act.
The Gujarat government had also submitted that the plea against the post-retirement of Barot and Amin were not maintainable on the ground that it involved service matters and could not be heard by the high court directly.
The government also said the petitioner being a colleague of the officers, appointed post-retirement, should not have filed the petition.
Barot, an accused in two alleged fake encounter cases of Ishrat Jahan and Sadiq Jamal, was arrested and charge-sheeted in both the cases and was released on bail in June 2015, the petitioner said.
He superannuated in 2014 while still in jail and was appointed on October 13, 2016 as DSP Western Railway, Vadodara, for a year on contractual terms.
Amin too was charge-sheeted in two alleged fake encounter cases of Sohrabuddin Sheikh and Ishrat Jahan.
He was arrested in both the cases and served eight years in jail since August 2007.
While he was discharged in the first case, the Ishrat Jahan case against him is still pending before the trial court.
The government in August 2015 posted him as Superintendent of Police of Mahisagar district, then reappointed him on contractual basis as SP of Mahisagar after his retirement.
He was later transferred as SP of Tapi district.
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