Ahmedabad: Former top cop Julio Ribeiro has decided to file a PIL in the Gujarat High Court challenging the recent appointment of state in-charge DGP P P Pandey, who is an accused in the alleged fake encounter case of Ishrat Jahan.

Ribeiro, 87, who earned the image of a no-nonsense cop as DGP of Punjab during the militancy there, has termed the appointment as "ridiculous" and in contravention of the All India Services (Conduct) Rules.

"I gave a signed copy of the PIL to my lawyer Rahul Sharma (also an ex-IPS officer), which has to be filed in Gujarat High Court," Ribeiro told PTI.

"I think the appointment of P P Pandey is not right. How can a person, who is facing trial, be appointed to the top post, as the person facing trial has to be under suspension, according to the All India Services (Conduct) Rules," Ribeiro, who has also served as Gujarat DGP, said.

"IPS officers cannot continue to remain in service if they are chage-sheeted in a criminal case. If they are proved innocent, then they can be taken back," he said.

"(In the case of Pandey), when the charge sheet has been sent by the CBI (in Ishrat Jahan alleged fake encounter case), and yet the person is not only reinstated but made (in-charge) DGP...this is ridiculous," he said.

"When you are facing trial, does it sound reasonable that you are reinstated at top post? This is what they have been doing. Its a total negation of law," he said.

Senior IPS officer Pandey took took over as in-charge DGP of Gujarat following unexpected transfer of incumbent P C Thakur to Delhi, on April 16.

Pandey is out on bail in the fake encounter case of Ishrat Jahan and three others. He had spent around 18 months in jail in the case which is at present is pending before a local court in Ahmedabad.

Pandey who was suspended after his arrest in the Ishrat fake encounter case, was taken back into service after four days of his release on bail on February 5, 2015. Ishrat, a 19-year-old girl from Mumbai, and three others were killed in 2004 in an alleged fake encounter by Gujarat police.