BENGALURU: The Karnataka High Court on Thursday asked the state government to justify its action of suspending an IPS officer on June 5 on charges of dereliction of duty, after the stampede at Chinnaswamy Stadium during the victory celebrations of Royal Challengers Bengaluru after the IPL tournament.
Hearing the appeal filed by the state government against the July 1 order passed by the Central Administrative Tribunal (CAT), which quashed the suspension of Additional Commissioner of Police (West) Vikash Kumar Vikash, the division bench of Justice SG Pandit and Justice TM Nadaf said “you (government) have to justify whether it was proper to keep the officers under suspension, or whether shifting the officers to another post would have been sufficient...”
Advocate-General K Shashikiran Shetty replied that he will be able to furnish records to justify suspension. Praying to court to stay the CAT’s order, he informed that Vikash had gone in uniform to take charge.
Senior advocate Dhyan Chinnappa, appearing for the IPS officer, submitted that he is not going to file a contempt petition against the state. The court observed that the suspension order was lifted, but they (state) have to pass an order for reinstatement. When the matter is taken up for final disposal, do not precipitate, the court told Dhyan Chinnappa, who submitted that he would not precipitate the matter. Further hearing was adjourned to July 9.
Holding that the state government suspended IPS officers by passing the order mechanically, without sufficient grounds, on the stampede that claimed 11 lives at Chinnaswamy Stadium, and that RCB is responsible for huge gatherings, the CAT quashed the suspension of Vikash and directed the state government to reinstate him immediately. The CAT also said the benefit of the order has to be given to similarly suspended police officers.
The state government filed an appeal stating that the impugned order passed by CAT is highly contrary to the material on record. However, Vikash attempted to take charge on the date of the impugned order. The Tribunal has given specific findings of the entire incident as if a departmental inquiry has been held, though only prima facie view of the disciplinary authority has to be considered.
The state government also stated that a blanket recommendation for reinstating other police officers cannot be made by CAT, without examining individual facts and service records of those officers. Interference by CAT will impede the ongoing investigation and judicial and magisterial inquiries, the state claimed.