Nagaland DGP Issue: UPSC forwards a name; writes to MHA for relaxing years of service

January 11, 2023 52 Views No Comment

Is concurrence of officer necessary before empanelling for appointment? Supreme Court asks MHA to clarify

Morung Express News
Dimapur | January 11

The issue of appointment of the Director General of Police (DGP) Nagaland continues to linger into the New Year despite the previous incumbent officially ‘stepping aside’ and another officer given the charge of the post.

The former DGP, T John Longkumer handed in his resignation to the state government on January 2 and Rupin Sharma DG (Prisons & HG, CD & SDRF) was (re)entrusted to hold the charge of DGP “with effect from January 7 till further orders.”

During the resumption of hearing of a writ as well as a contempt petition related with the appointment of the DGP in the Supreme Court on January 9, the counsel for Union Public Service Commission (UPSC) and the senior counsel for State of Nagaland submitted that on December 15, the former had forwarded a panel consisting of a solitary name – Sharma for appointment as the Nagaland DGP.

Another candidate A Sunil Achaya, currently on central deputation, fulfils the conditions of eligibility but was not empanelled as he is on central deputation and expressed his unwillingness to go back to his parent cadre, the UPSC informed the Bench comprising Chief Justice, DY Chandrachud and Justice PS Narasimha.

The Nagaland State’s counsel, however, submitted that in terms of the applicable Rules, while the consent of the “officer is required to be taken for an overseas posting, no consent is necessary for a posting within the country and there is no reason why the name of the officer was not empanelled by UPSC.”

Meanwhile, as per the Court’ order, on November 15, 2022, the UPSC wrote to the Secretary to the Government of India in the Ministry of Home Affairs (MHA) suggesting that it should be empowered to relax the eligibility criterion of 30 years’ service to 25 years in some states including Nagaland citing lack of “sufficient number of eligible officers with the requisite qualifying service” to form a panel of three officers.

The UPSC further informed that the MHA has “agreed to the proposal” though the Additional Solicitor General was not in a position to “clarify in the absence of instructions.”

In view of the submissions, the Bench directed the MHA to file an affidavit within a week indicating ‘whether the concurrence of the officer is necessary before empanelling the officer for appointment as DGP of the State where the officer is on central deputation.’

In the event of requirement of concurrence of the officer, the specific rule requiring such concurrence should be included in the affidavit, the Bench said.

The SC Bench further asked the MHA to clarify whether the services of Achaya is ‘required due to the exigencies of service on central deputation or whether he can be empanelled” for the Nagaland DGP post, given that a sufficient number of eligible officers is not available.

The MHA was also directed to place on record explaining how it had concurred with the proposal submitted by UPSC in November 2022 for relaxation of service eligibility criterion.

Further listing the matter for hearing on January 23, the apex court also directed the UPSC to file an affidavit within a week setting out the steps which it “has taken in pursuance of the concurrence which, according to its counsel, has been indicated by MHA in response to the letter dated 15 November 2022.”

Meanwhile, if the eligibility criterion of 30 years’ service is relaxed to 25 years, apart from Sharma and Achaya, another officer Janardan Singh, who is also currently on a central deputation, clearly meets the eligibility criterion, based on data of IPS Officers on Nagaland Police’s website. The eligibility of Renchamo P Kikon, ADGP (Adm), who joined the service on July 1998, is dependent on the cut-off year for 25 years’ service criterion, provided the proposal is implemented.

It must be noted here that on December 9, 2022, the same bench directed the UPSC to take a final decision with respect to the appointment of DGP Nagaland ‘on or before 19th December, 2022” while refusing to grant an additional 60 days sought by the latter to take the final decision.

The hearing is related to apex court judgement in Prakash Singh & Ors versus Union of India & Ors (2006) and an application was filed by the Nagaland Law Students’ Federation citing violation of guidelines provided in judgement.

Source: https://morungexpress.com/nagaland-dgp-issue-upsc-forwards-a-name-writes-to-mha-for-relaxing-years-of-service