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A bench of justices Badar Durrez Ahmed and Siddharth Mridul allowed the Union government to go ahead with Sharma’s promotion but added it would be subject to the court’s final order on a writ petition filed by the Gujarat government against a Central Administrative Tribunal (CAT) order restoring Sharma’s grading in ACR.
The CAT earlier had set aside a departmental enquiry against the 1976-batch IPS officer, holding he was the victim of “arbitrary” treatment at the hands of the state government. It had also restored Sharma’s grading in his ACRs from “very good” to “outstanding, paving the way for his promotion.
“We feel it would be appropriate to dispose of this application (filed by Centre) with the direction that any order that may be passed with regard to the empanelment or promotion would obviously have to be in accordance with the law and subject to the final orders that may be passed in this writ petition,” said the bench and scheduled the matter for the next hearing on February 11, 2013.
