SC asks MHA to file affidavit over issue related to appointment of Nagaland DGP
Jan 09, 2023
New Delhi [India], January 9 : The Supreme Court on Monday asked the Ministry of Home Affairs to file an affidavit within a week indicating whether an officer's concurrence is necessary before empanelling him for appointment as the Director General of Police (DGP) of a state even if he is on the Center's deputation.
A bench led by Chief Justice of India (CJI) DY Chandrachud has also asked the MHA to place the supporting rule relating to the concurrence.
The court passed the order on a petition filed against the extension granted to Nagaland's incumbent DGP, T John Longkumer.
The court also sought UPSC's response, mentioning steps it has taken to act in accordance with the MHA's letter showing concurrence on the relaxing of eligibility criteria.
Last month, the top court criticised the UPSC on the issue related to the process of appointment of Nagaland DGP and refused to give 60 days time for convening the Empanelment Committee Meeting for preparation of a panel of officers for making appointments to the post. The apex court had also set December 19, 2022 as a deadline for taking the decision. It said that the formalities are to be undertaken by the UPSC, MHA, and the State.
The Union Public Service Commission (UPSC) has urged the court to grant at least 60 days time for convening the Empanelment Committee Meeting for the preparation of a panel of officers for appointment to the post of DGP, Nagaland, as the consultation with the MHA on the matter is still under process.
The UPSC submitted that this would not result in any administrative dislocation in so far as the Government of Nagaland is concerned because the incumbent DGP's extended tenure will be over only on 28.02.2023 and the process of recommending the panel of DGP (Head Of Police Force) can be completed before that date.
On 31 August 2022, the Ministry of Home Affairs (MHA) approved the Appointments Committee of the Cabinet for the extension of service and extension of inter cadre deputation tenure of T John Longkumer, IPS from Chhattisgarh cadre to Nagaland cadre for a period of six months from the date of his superannuation on 31 August 2022.
The court, in the earlier hearing, had said that they are of the considered view that in view of the communication which has been issued by the UPSC on 1 April 2022, the State of Nagaland must immediately send the list of the empanelled officers for appointment to the post of the DGP.
The court had said that the list of empanelled officers shall be drawn up in accordance with the law after duly rectifying the deficiencies which were pointed out by the UPSC in its communication dated 1 April 2022. The list of eligible officers who are empanelled shall be communicated to the UPSC no later than by 31 October 2022. The UPSC shall take a decision thereon on or before 30 November 2022, the court said in its October 17's order.
Nagaland Law Students' Federation, an intervenor in the matter, has alleged that Nagaland state has acted in an arbitrary and illegal manner, to appoint an officer at the highest post in the State Police, who first does not belong to the State Cadre, who already served his tenure, who's name has been rejected by the UPSC for a further extension, and who is today continuing on the said post. The federation also alleged that it indicates the malafide intent of the State Govt.
The Federation also said that Nagaland state has flouted the directions of the top Court, by removing Shri Rupin Sharma, before the expiry of the mandated "two years" tenure.
The intervenor has sought to recall the Order dated 31.08.2022, granting a six-month extension to T John Longkumer, IPS after his superannuation.
On June 20, 2018 Rupin Sharma was removed from the post of DGP and on June 27 of the same year, T John Longkumer, a 1991 Batch IPS Officer from the Chhattisgarh Cadre was appointed as the DGP Nagaland.
