Appointment of Nagaland DGP: Supreme Court issues notice to MHA over concurrence by officer on Central Deputation
The Top Court has asked Central government on whether concurrence of an IPS officer, who is on Central government deputation, important or needed before his appointment as the Director General of Police (DGP) in a State.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha have asked Ministry of Home Affairs to file an affidavit within a week.
The Apex Court ordered that the MHA will have to file affidavit within a week telling if concurrence of officer is necessary before empanelling him at the appointment as DGP in State even though he is on central deputation.
The Court further added that if concurrence is required, the supporting rule must be placed before the bench,
The Court was hearing a petition pertaining to the extension granted to Nagaland’s incumbent DGP, T John Longkumer.
IPS Longkumer was appointed to the post of DGP in June 27, 2018 for a period of three-year but was later given an extension till August this year.
The IPS officer was recently recommended for an extension of six-months after the Central government approved his inter-cadre deputation for the period beyond his retirement.
Longkumer is from the Chhattisgarh cadre of the Indian Police Service.
The petitioners has moved a plea stating that continuation of DGP in office amounts to violation of the top court’s judgment.
The plea sought implementation of police reforms directed in the Prakash Singh judgment.
In October 2022, the Supreme Court had asked the Nagaland government for preparing a fresh list of eligible IPS officers for appointment to post of DGP.
The Court had orally remarked that the incumbent DGP must be allowed to retire in peace rather than be re-appointed.
The Top Court also objected to the IPS Longkumer sitting for the official meeting for empanelment of IPS officers for the post of DGP, wherein he too was the candidate in the list.
The top court took objection for the delay by the Nagaland government and the Union Public Service Commission (UPSC) in appointment of a new DGP despite the earlier orders by the Court to expedite the process.
CJI Chandrachud during the hearing noted that despite there being another eligible officer, A Sunil Acharya, the UPSC did not send his name to Nagaland since he refused.
The CJI remarked said that saying yes or no is irrelevant for Sunil Acharya as he is in the cadre. Government can say he is wanted somewhere else.’
The Court has sought a clarification in this regard.
The Court said that the MHA will have to tell if Mr Acharya is needed in central deputation for national interest or he can be put under the panel for the Nagaland DGP post.