Gujarat HC judge recuses from hearing ex-DGP Kuldip Sharma’s plea against CAT order

When the petition came up for hearing before a division bench, Justice S R Brahmbhatt recused himself from hearing the case.

Justice Anant S Dave of Gujarat High Court on Tuesday recused himself from hearing a petition moved by retired DGP Kuldip Sharma, challenging his Annual Performance Appraisal Report (APAR) of 2010, prepared by then minister of agriculture Dileep Sanghani and accepted by then chief minister Narendra Modi. Sharma had moved the petition while still in service in 2011 before the Central Administrative Tribunal (CAT), Ahmedabad bench, which pronounced its verdict on December 15 last year. The CAT order justified the writing of Sharma’s APAR by Sanghani and its acceptance by Modi. Following this, Sharma moved HC, appealing against the order.

When the petition came up for hearing before a division bench, Justice S R Brahmbhatt recused himself from hearing the case. The petition was assigned to division bench of Justices Anant S Dave and G B Shah. On Tuesday, Justice Dave also recused from the case.

Sharma, who joined Congress last year, had alleged he 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. He 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 and co-operation. Sanghani made his remarks and sent it to the CM who accepted the remarks.

The other contention was that Sharma didn’t work under the reviewing authority for the minimum period of 90 days. He contended that out of a total of 142 days, he worked with Sheep and Wool Development Corporation. He was on leave for 55 days — 40 days earned leave and 15 days commuted leave — which were taken in two spells.

According to Sharma’s submission, earned leave as well as commuted leave should have been excluded from total days of working. However, the CAT order held the 40 days of earned leave can be excluded from the total work period, but the 15 days of commuted leave can’t be excluded.

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