Gujarat top cop Rahul Sharma chargesheeted for 'misconduct'

Ahmedabad, Aug 13 (PTI) Just a week after suspending
Indian Police Service(IPS) officer Sanjiv Bhatt, the western
Indian state Gujarat Government Saturday charge-sheeted senior
officer Rahul Sharma for alleged misconduct in not submitting
the original CDs containing mobile phone call records related
to the 2002 communal riots.
"Rahul Sharma was today served the copy of the
chargesheet," State Government spokesperson Jaynarayan Vyas
told media persons here.
Sharma, who confirmed he has received the copy, was
chargesheeted after his notice period ended Friday. The DIG
rank officer was served the first notice on January 27 and the
final one on July 28, seeking his reply within 15 days.
In the chargesheet, the IPS officer has been accused
of gross misconduct under Section 3(1) of All India Service
Rules 1969. He has been accused of not submitting the CDs
containing phone call records during the post-Godhra riots to
respective Investigating Officers of Naroda Gam, Naroda Patia
and Gulburg Society cases.
According to the Government, Sharma's conduct was
unbecoming of an IPS officer as he did not submit the CDs even
to his superiors when he was transferred from the post of DCP
Control (Ahmedabad).
"Sharma has committed gross misconduct by taking away
vital CDs from the case papers," Vyas said.
Vyas, who is also a Minister, clarified that Sharma
has not been served show case notice for deposing before
courts and commissions looking into riot-related cases.
"It is not the case. In fact, it is the opposite.
Because of his not giving the CDs to Investigating Officers or
supervisory officer, he has caused serious infirmity to the
riot cases investigations," he alleged.

"Sharma served as Deputy Commissioner of Police
(Control), Ahmedabad from March 24, 2002 to July 3, 2002. He
was not the Investigating Officer (IO) or direct supervisory
officer in the riot cases for which the compact disks were
procured from cellphone service providers," Vyas said.
"Sharma, on receiving the said CDs, did not include the
same as case property (muddamal)."
From the data obtained from the mobile service providers,
Sharma had prepared CDs detailing the calls made by important
people in the state administration, including the Ministers,
police officials, and also Vishva Hindu Parishad(VHP) and
Bajrang Dal activists during the communal violence.
Sharma, currently posted as DIG (arms unit) at Rajkot,
had later submitted the CDs to Nanavati Commission, Banerjee
Committee and Supreme Court-appointed Special Investigation
Team(SIT), who dealt with Godhra train fire and subsequent
riots in the Bhartiya Janta Party(BJP)-ruled state.
Sharma's lawyer Mukul Sinha dubbed the charges against
his client as "absurd". "The charge is that Sharma had taken
away the CDs. I think the allegation is absolutely absurd
because he was assisting investigations and the Crime Branch
had actually asked him to analyse the CDs," Sinha said.
"We are certainly going to challenge the entire action
either in the departmental proceedings or even outside," he
said.
Meanwhile, Vyas also took on Union Mome Minister P
Chidambaram, who spoke about the possibility of the Centre
stepping in, over the issue of Narendra Modi Government's
action against two senior IPS officers. "This attitude is
dangerous to federal governance of the country," Vyas said.
Friday, the Gujarat High Court rejected Sharma's plea
seeking grounds on which he was served show cause notice.
IPS officer Bhatt, who has alleged Narendra Modi's
complicity in the post-Godhra riots, was suspended on August 8
for "acts of indiscipline".

Vyas said that the charge sheet was given to Sharma only
after he failed to reply to the issues raised in the
show-cause notice.
"The officer (Sharma) was also provided with the records
he wanted....The government had extended the time for him to
reply, as per the provisions of the administrative
procedures," Vyas further said.
"Instead of reciprocating (as per) the provisions of the
procedures on co-ordination between the government and
administration, the officer opted to approach the court."
Replying to a question regarding Sharma's claim that he
had handed over the original and only kept a duplicate CD,
Vyas said, "There is no question of handing over the original
and retaining the copy. You cannot retain the copy of the
documents which you are not legally authorised to have.
Tomorrow, if somebody starts doing it, then I think no
government system would work.
"...this is not within the norms of the code of conduct
as far as All India Service rules are concerned," he further
said.