Thursday, May 30, 2019

Week after quashing case against IPS officer Sait, HC recalls a part of order
TIMES NEWS NETWORK

Chennai:30.05.2019

A week after quashing corruption case proceedings against the DGPrank IPS officer Jaffer Sait, and also allowing him to ‘withdraw’ a related case pending before another court, a vacation judge of the Madras high court recalled a part of the order pertaining to withdrawal of the other case.

“The oral order, which was dictated in open court with regard to withdrawal of the 2016 petition, is hereby recalled. The 2016 petition may be posted before the regular court along with memo filed by counsel for petitioner dated May 23,” Justice P Rajamanickam said on Wednesday.

On May 23, Sait had moved the vacation judge to quash the criminal case filed against him for the alleged loss caused to Tamil Nadu Housing Board (TNHB) in connection with allotment of a residential plot in his wife's name under the Government Discretionary Quota (GDQ). Since 2016 another petition made by him seeking to quash the chargesheet filed in the case has been pending before another court.

On his part, Justice Rajamanickam first quashed the criminal proceedings against Sait and then went on to allow Sait’s counsel to withdraw the case of 2016 vintage, pending before another judge. Now, about a week after the delivery of the order, Justice Rajamanickam recalled only that portion of the ruling wherein he had allowed Sait to withdraw the 2016 petition.

In effect, while the case against Sait stands quashed due to the May 23 order, the 2016 petition has been rendered infructuous. It, however, needs to be mentioned before the judge concerned and withdrawn formally by Sait. The May 23 verdict quashing the proceedings of the criminal case cleared the roadblock for the Tamil Nadu government to consider Sait for the post of state DGP, as the two-year fixed tenure of incumbent T K Rajendran ends on June 30.

In his quash petition, Sait submitted that recently the state government had initiated the process of appointment to the post of Head of Police Force (HOPF) and a probable list of IPS officers with his name in the second place had been sent to the selection committee.

In his petition, Sait apprehended that the pending criminal case before the special court for DVAC cases, even after it had become redundant with the passing of sanction declining order by the competent authority, would prejudice his chances before the selection committee. He further submitted that he had no role in the allotment of residential plot and no pecuniary advantage was obtained in the allotment, either by him or his wife.

Pointing out that allegations made against the petitioner in the final report filed by DVAC show that the alleged offences were committed by him in discharge of his official duty, the judge said, in such case previous sanction from the central government was required.



TROUBLE LOOMS: DGP-rank IPS officer Jaffer Sait

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