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The Central Administrative Tribunal (CAT) on Thursday adjourned the hearing on a petition moved by IPS officer Rahul Sharma challenging a departmental chargesheet that the state government had issued against him for not submitting the original CDs containing mobile call data during 2002 riots to the concerned police authority.
The hearing was adjourned till March 15 after the tribunal asked for a translated copy of Sharmas deposition before Nanavati Commission from the state government,which sought time for it.
Sharma has claimed immunity from the departmental proceedings under the provisions of the Commissions of Inquiry Act (CIA),saying since he had deposed before the Nanavati Commission in connection with the CDs,he could not be subjected to any criminal or civil proceedings by the state government in the same matter.
The state government,however,has opposed his stand,arguing that its action to initiate departmental proceedings against him has nothing to do with his deposition before the Nanavati Commission.
On Thursday,state government counsel Bhaskar Tanna argued before the CAT that during examination by the Commission,Sharma had not mentioned about the CDs. It was only during cross-examination by the counsel of Jan Sangharsh Manch (JSM),a voluntary organisation,that Sharma gave details about the CDs,Tanna said.
The state government counsel also argued that Sharma was summoned by the Commission only to record his statement about what he did as Bhavnagar Superintendent of Police to contain riots and not on what he did to assist investigation into the post-Godhra riot cases as DCP (Control) in Ahmedabad city.
Following this,the bench asked for a copy of Sharmas deposition,to which the state government counsel said it needed to be translated. Sharma had deposed before the Nanavati Commission on October 30,2004.
The tribunal then asked Tanna to get the statement translated into English by March 15,the next date of hearing.
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