Rajnish Rai showcause notice: HC reserves order on CAT jurisdiction plea of ex-cop

The DIG’s report had concluded that the encounter was fake, following which Rai had recommended the CRPF DG to conduct a detailed inquiry by an independent agency.

In June 2017, Rai was transferred and posted as IG (CIAT School) in Chittoor. A preliminary inquiry was initiated against him by the Union government and in December 2021, a showcause notice was served to him.

As the Centre refused Rai’s request to be provided with additional documents so that he can respond to the notice, he had moved the Delhi High Court, which held in January this year that he can approach the CAT, without mentioning which jurisdictional bench.

In February, Rai moved a plea before the CAT’s Ahmedabad bench challenging the preliminary inquiry against him as well as the showcause notice, but it did not entertain the same on the ground of lack of jurisdiction. A review petition filed before CAT Ahmedabad, too, was dismissed as not maintainable.

Meanwhile, the Centre also slapped Rai with a chargesheet for “misconduct” in relation to the 2017 incident, alleging that Rai carried out a “discreet inquiry” on the alleged fake encounter.

Submitting that the Ahmedabad bench of CAT is the appropriate jurisdiction since Rai belonged to the Gujarat cadre and is currently residing in Ahmedabad, his advocate Rahul Sharma told the court that the showcause notice also infringes upon Rai’s right to terminal benefits of his service.

The HC is likely to pronounce its order in the matter on April 26.