CAT quashes charges against senior IPS officer

While Sharma was being “blamed” and “put in the net for ineffective supervision”,”those who committed illegality had escaped”,they said. “Unless others who may be equally or even more responsible are also departmentally tried,in our view,no action can be taken against Sharma.”

Sharma had moved CAT against a memo issued in connection with a chargesheet investigating officers under him in CID (Crime) had filed against IPS officer Gyanendra Malik in 2005,and against downgrading his four annual confidential reports from 2003-04 to 2007-08.

Sharma argued that the charges were illegal,arbitrary,mala fide and discriminatory,intended to cause him harassment. He said the charges were levelled at the behest of the then Minister of State for Home Amit Shah and Chief Minister Narendra Modi. Shah is currently on bail in conection with the Sohrabuddin Sheikh case.

The genesis of the episode lies in a news report regarding the landing of RDX in 1992-93 at Porbander. The report indicated that Sharma had been in contact with Mammumiyan Punjumiyan,a dreaded criminal involved in the landing.

Sharma,then in charge of CID (Crime),asked his officers to investigate the matter. During the inquiry,Malik was called in,as he had served as SP,Porbander,for some time,but he did not turn up.

The investigations found that another IPS official,Rajkumar Pandian,now in jail in connection with the Sohrabuddin Sheikh case,had spoken on the phone with Mammumiyan,and sought information against Sharma and IPS official H P Singh.

On January 28,2005,Sharma asked the Director General of Police for a CBI probe.

When no action was taken on his request,he sent several letters to the DGP,requesting him to expedite the decision to shift the case away from CID (Crime),which he was heading.

Finally,Sharma ordered the probe by CID (Crime). After Pandian’s name cropped up,he again requested the DGP to get the case investigated by the CBI.

Pandian was subsequently suspended on the DGP’s recommendation,but the case was not given to the CBI. Investigating officials then filed a chargesheet against Malik in June 2006,when Sharma was on leave.

Going through these details,the CAT ruled that “there was no allegation of corruption or any serious delinquency against Sharma,except for mala fide of Sharma to harass Malik”.

The judgment commented that the memo served to Sharma had not disclosed why Sharma might want to harm Malik.

Also on Thursday,the Ahmedabad CAT bench stayed the downgrading of Sharma’s latest ACR from ‘outstanding’ to ‘very good’.

When no action was taken on his request,he sent several letters to the DGP,requesting him to expedite the decision to shift the case away from CID (Crime),which he was heading.

Finally,Sharma ordered the probe by CID (Crime). After Pandian’s name cropped up,he again requested the DGP to get the case investigated by the CBI.

Pandian was subsequently suspended on the DGP’s recommendation,but the case was not given to the CBI. Investigating officials then filed a chargesheet against Malik in June 2006,when Sharma was on leave.

Going through these details,the CAT ruled that “there was no allegation of corruption or any serious delinquency against Sharma,except for mala fide of Sharma to harass Malik”.

The judgment commented that the memo served to Sharma had not disclosed why Sharma might want to harm Malik.

Also on Thursday,the Ahmedabad CAT bench stayed the downgrading of Sharma’s latest ACR from ‘outstanding’ to ‘very good’.