Gujarat HC reserves order on former DGP’s plea

Sharma, now a Congress leader, had alleged that his performance was “downgraded” when he was posted as MD, Gujarat Sheep and Wool Development Corporation, between 2009 and 2010.

By: Express News Service | Ahmedabad | Published: July 27, 2016 4:14 am

The Gujarat High Court on Tuesday reserved its verdict on a petition moved by former Director General of Police Kuldip Sharma, challenging the Annual Performance Appraisal Report (APAR) of 2010, prepared by then state agriculture minister Dileep Sanghani and accepted by then chief minister Narendra Modi.

Sharma, now a Congress leader, had alleged that his performance was “downgraded” when he was posted as MD, Gujarat Sheep and Wool Development Corporation, between 2009 and 2010. He also challenged the legality of the appraisal report, stating that the then minister Sanghani was not the competent authority for judging his performance.

A division bench of chief justice R Subhash Reddy and justice V M Pancholi concluded the hearing and reserved the verdict. Sharma, a retired IPS officer, had moved the petition when he was in service in 2011 before the Central Administrative Tribunal, Ahmedabad bench, which pronounced its verdict on December 15, 2105. The tribunal justified the writing of Sharma’s APAR by Sanghani and its acceptance by Modi. Following this, Sharma moved HC, challenging the order. The state government opposed the petition, justifying the tribunal’s order.

Sharma objected to his performance report initiated by a deputy secretary-level officer in the Home Department instead of chief secretary. However, as per all-India service rules, Sharma hadn’t worked under the then chief secretary due to which the next reviewing authority was Sanghani, the then minister of agriculture. Sanghani made his remarks and sent it to the CM who accepted them.

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