Quashing of 40 Nagaland Police officers’ appointments challenged in HC Division Bench

October 17, 2024 4 Views No Comment

Moa Jamir
Dimapur | October 17

A writ appeal has been filed before the Division Bench of the Gauhati High Court Kohima Bench (GHCKB), challenging the single-bench judgment and order dated September 26, which set aside and quashed the appointment orders of 40 officers under Nagaland Police. They were appointed on different dates between 2019 and 2020.

As per the court proceedings on October 16, the 38 Sub-Inspectors of Police [SI]/Unarmed Branch Sub-Inspectors of Police [UBSI]/Assistant Sub-Inspectors of Police [ASI]/Instructor Havildars affected by the September 26 judgment filed the appeal.

Two officers out of 40 included in the judgment later received reprieve after it was brought to the court’s notice that they were appointed after a public advertisement.

Meanwhile, on Wednesday, the Division Bench, comprising Justice Kakheto Sema and Justice Budi Habung, listed the matter for further hearing on November 6 while issuing notices to state and private respondents.

“An endeavour shall be made to dispose of the appeal on the next returnable date,” stated the October 16 order.

Case Background
According to the court’s records, the September 26 judgment and order pertained to a writ petition filed in 2023, praying for the setting aside and quashing of the appointments of 40 SI, UBSI & ASI/Instructor Havildars appointed during the 2019-2020 period.

The petitioners, a group of unemployed indigenous youth, challenged the appointments, stating that they were selected “without undertaking any valid process of recruitment and without the publication of any kind of advertisement.”

The petitioners cited complete violation of the principles embodied in Articles 14 and 16 of the Constitution of India in the plea.

After hearing both sides, Justice Manish Choudhury set aside and quashed the appointments of the 40 officers and directed the state respondents to take steps to hold a fresh selection with the issuance of advertisements in widely circulated newspapers in Nagaland.

The judge also directed that the recruitment process be conducted in accordance with the law and follow the principles enshrined in Articles 14 and 16 of the Constitution of India.

The timeline for completion was set as preferably within six months from the date of the judgment order.

However, the 40 officers affected by the judgment were also allowed to participate in the fresh selection process with a relaxation of the upper age limit.

They were also permitted to continue in service for a period of six months from the date of the order or until such time as fresh appointments are made following the judgment.

The September 26 judgment order followed a common judgment order dated September 20, passed by Justice Devashis Baruah, while disposing of a batch of writ petitions.

In the landmark judgment, the judge invalidated the appointments of 935 constables made between January 2018 and October 2019 without advertisement.

It also rejected all relaxations aside from age, maintaining the importance of adhering to proper recruitment procedures.

The State Government was also directed to take steps to hold a fresh selection for the 935 posts of constables by issuing advertisements in newspapers and completing the process preferably within six months.

The total number of police personnel impacted by the both judgment is 975. However, as two officers included in the September 26 judgement order obtained the court’s reprieve later, the total now stands at 973.

Source: https://morungexpress.com/quashing-of-40-nagaland-police-officers-appointments-challenged-in-hc-division-bench