Plea against former IPS officer: Gujarat HC seeks clarification from Centre on state’s role in service decisions

In its petition before the  HC, the central government had challenged an order of August 5, 2019 by the Central Administrative Tribunal (CAT), Ahmedabad bench contended the bench does not have jurisdiction to preside over Rai’s service matter as his last deputation was under the Ministry of Home Affairs to Chittoor in Andhra Pradesh.

The court issued notice for final disposal to the respondents — Rajnish Rai and the state government — posting the matter for September 2.

Following the Centre’s submission, the division bench of Justices Sonia Gokani and Nisha Thakore, pointed  out that while the last posting was Chittoor, Rai’s parent cadre was that of Gujarat.

The Central government’s counsel, however, emphasised orally that the deputation was under the Ministry of Home Affairs and thus the parent cadre has no role to play.

To this effect, the bench instructed the central government’s counsel to file an affidavit to be taken on the court’s records clarifying that a parent cadre has nothing to do with the service conditions.

Additionally, Justice Gokani remarked, “Mind you, this is going to have larger repercussions…You might be having it (officers) as an All India cadre but at the same time they’re given to the state…”

Rai had approached the CAT Ahmedabad in 2018, after his request for voluntary retirement from services was rejected by the Central government.

His request to retire voluntarily was not acceded to by the Central government citing pending inquiries against him. He abdicated his services on November 30, 2018, following which the Centre suspended the officer as per an order dated December 17, 2018, and initiated disciplinary proceedings against him. Rai has also challenged the suspension order of December 2018 as well as the chargesheet of January 2019 before the CAT Ahmedabad bench.

The order of August 5, 2019 of CAT Ahmedabad by a single member bench had decided that the two miscellaneous applications by Rai can be heard by a single-judge bench.