Submitting that the petitioner is a direct recruit of 1964 batch, advocate S.V. Raju contended before tribunal vice-chairman V. Ramakrishnan and member P.C. Kannan that the applicant was the seniormost officer in the police department and had bagged President's Police Medal for his sincerity.

Involving the state government through the chief secretary, Chief Minister Keshubhai Patel, former principal secretary PG Ramrakhiani, DGP C P Singh and Union of India through its secretary, Ministry of Personnel, Pension and Public grievances, the petitioner urged that besides police, he had served the state in various departments like Ahmedabad Municipal Corporation (AMC), Gujarat State Road Transport Corporation (GSRTC) and as joint secretary in the home department. In 1990 he was appointed as special inspector general of police and later elevate to the post of inspector general of police for his good service record.

Serving on important positions as IG (Prisons), the petitioner had to face the wrath of the then jail minister Vipul Chaudhary for not favouring him in the recruitment of constables. He was appointed as additional DG (Computers) for not being pliable or amenable to political pressure.

In December 1997, the department promotion committee for appointment to the post of DGP recommended him to the post of director general of police but on May 15, 1998 he, on learning that the state government was thinking to make his junior C.P. Singh as DGP of the state, made a representation to the principal secretary (Home department) to put his claim on the DGP's post. A copy of the representation was also sent to principal secretary (general administration), principal secretary to the chief minister and private secretary to the minister of state (home department).

When he approached the chief minister with the claim, he said that it was his (chief minister's) prerogative to appoint ``anyone whom he likes to the post of DGP and IGP and the applicant cannot question the decision of the government''. On May 30, 1998, the government appointed C.P. Singh as DGP with effect from May 31.

The applicant further submitted that the state government has formed four posts of director-general of police, at headquarter, Anti-Corruption Bureau (ACB), Intelligence and Home Guards and Civil Defence with equal pay scale but the post at the headquarter as DGP of Gujarat state is most influential. He argued that as far as the service record was concerned, he has better to show than C.P. Singh, while there was no department inquiry even been initiated against him till date.

Besides, he was also empanelled for the post of additional DG with the central government while Singh was empanelled for the post of DIG only, which clearly showed that he was much senior to him.

He contended that the appointment of Singh was politically motivated for the interest of the state government as his post is the key post to control law and order and police works in the state.