Supreme Court criticise UPSC over issues relating to Nagaland DGP
Dec 09, 2022
New Delhi [India], December 9 : The Supreme Court on Friday criticized the Union Public Service Commission (UPSC) over 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.
A bench led by Chief Justice of India DY Chandrachud said that UPSC is duty-bound to comply with the order of the Court.
The court also set December 19, 2022, as a deadline for taking a decision. The court said that the formalities are to be undertaken by the UPSC, MHA, and the State.
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 (HOPF), Nagaland, as the consultation with the MHA on the matter is still under process.
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 February 28, 2023, and the process of recommending the panel of DGP (HOPF) can be completed before that date.
"We are of the view that UPSC has no justification that no administrative dislocation would be caused as the incumbent DGP has an extension till February 2023," the bench said and clarified that if this order is not complied with, the court would be constrained to take the coercive arm of the law.
On August 31, 2022, the Union Government in the Ministry of Home Affairs conveyed the approval of 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 August 31, 2022.
The court, in the last 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 empanelled officers for appointment to the post of DGP.
The court said that the list of empanelled officers shall be drawn up in accordance with law after duly rectifying the deficiencies which were pointed out by the UPSC in its communication dated April 1, 2022.
The list of eligible officers who are empanelled shall be communicated to the UPSC no later than by October 31, 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, whose 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 Government. 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 August 31, 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, 2018, T John Longkumer, a 1991 Batch IPS Officer from the Chhattisgarh Cadre was appointed to the post of DGP of the Nagaland State.
