The Union government on Tuesday questioned the 'maintainability' of the petition filed by IPS officer Rajnish Rai before the Gujarat High Court against the rejection of his application for early retirement and initiation of a departmental probe.

In an affidavit submitted to the High Court, the government claimed that Rai was posted at Chittoor, Andhra Pradesh, and the communication rejecting his application for early retirement originated from New Delhi and sent to Chittoor. Therefore, the Ahmedabad bench of the Central Administrative Tribunal (CAT) does not have the territorial jurisdiction to decide his case and hence, the petition filed by Rai challenging the order of CAT, Ahmedabad, before the Gujarat High Court is also not maintainable.

The Centre has also contended in its affidavit that although the application filed by Rai was to be adjudicated by a division bench, the single judge of CAT, Ahmedabad, passed orders which were 'beyond jurisdiction'. It has been also submitted that the early retirement application of Rai was examined by the Ministry of Home Affairs. It was rejected by the ministry on the ground that Rai has been issued a memorandum of articles of charge on August 25, 2017, which can culminate into a major penalty of removal or dismissal from service. Also, three preliminary inquiries in different cases are pending against Rai.

Following the arguments and submission of the affidavit, the division bench of Justice SR Brahmbhatt and Justice VB Mayani adjourned the matter for further hearing till May 2.

Rai, who probed the Sohrabuddin Sheikh encounter case and arrested a dozen accused including three IPS officers, had submitted before the court that he had already completed 50 years of age and was, therefore, entitled to put in his papers on November 30, 2018, for premature retirement after giving three-month notice. He also submitted that there is no requirement of any permission as such for seeking premature retirement. Hence, declining his early retirement, initiating inquiry on November 14, 2018, and suspending him on December 17, 2018, is wholly illegal and impermissible.

The IPS officer has moved the high court seeking a direction to the state and central governments not to interfere with any employment application made by him to any organisation. He has also appealed to the court to restrain the authorities from taking any coercive action against him.