In a major setback to former Kolkata Police Commissioner Rajiv Kumar, Calcutta High Court on Friday turned down the senior IPS officer’s petition seeking further protection from arrest by the Central Bureau of Investigation in connection with the Saradha and other chit fund cases.

The Court of Justice Madhumati Mitra vacated the order granting him protection from custodial interrogation earlier granted by the same court.

Rejecting his argument that he was being singled out and targeted by his interrogators, the Court said that Kumar — currently the Additional Director General of CID — should act like an honest and law-abiding officer and cooperate with the central agency.

Service of notice for appearance before the CBI could not be termed as mala fide, the court said adding “if we do not remove protection then we will be interfering with the investigation.”

The order leaves Kumar exposed to the CBI’s option — on whether to arrest him or not.

A senior officer in the Central Agency said the top cop had been served with a notice of appearance by 10:00 am on Saturday and added he would be dealt with “according to his conduct.” He said “if he cooperates in the investigation his liberty may be considered and if he does not then we will have to think of available legal procedures.”

Even as a Dy SP and an Inspector of the CBI served summon notice at the Park Street bungalow of the senior IPS officer highly placed sources in the Agency said he was “not traceable and not connectable” adding repeated attempts at catching him on his mobile phone had failed.

Kumar had earlier obtained temporary protection from Supreme Court before the Apex Court vacated its own order directing him to approach the lower courts. On whether he had other options available a senior counsel appearing on behalf of the CBI said there was no option of appeal against criminal revision in High Court. “He can however move the Apex Court against Friday’s order once again or else he can apply for anticipatory bails either in Barasat District Court or the High Court.”

Kumar had headed the Special Investigation Team to investigate the Rs 2,500

crore Saradha chit fund case before the Supreme Court handed the case over to the CBI which has ceaselessly been complaining of non-cooperation by the top cop.