Morung Express News
Dimapur | December 9
The Supreme Court, on December 9, has directed the Union Public Service Commission (UPSC) to take a final decision with respect to the appointment of Director General of Police (DGP), Nagaland ‘on or before 19th December, 2022.’
A bench comprising Chief Justice D Y Chandrachud and Justice PS Narasimha issued the direction while refusing to grant an additional 60 days sought by the UPSC to take the final decision, various news outlets reported on Friday.
“All necessary formalities which have to be completed shall be sorted out between UPSC, MHA and Nagaland within the aforesaid period. We are constrained to put authorities on notice that should this order not be complied with, the Court would be constrained to take recourse to the coercive arm of law to ensure compliance of the judgment in Prakash Singh v. Union of India,” the Bench reportedly observed.
According to legal news portal LiveLaw, the UPSC had sought additional time for convening the empanelment committee meeting for preparing a panel of officers for appointment to the post of DGP, Nagaland on the ground that the consultation with the Union Ministry of Home Affairs.
However, the Bench, displeased with the delay in reaching a decision with respect to the appointment of the DGP have cautioned the concerned authorities, namely, the UPSC, Ministry of Home Affairs and the State of Nagaland of initiating contempt proceedings if its order is not complied with by December 19, 2022, it added.
During the last hearing of the Interlocutory Applications (IA) relating to the apex court judgment in Prakash Singh & Ors vs Union of India & Ors (2006) on October 17, 2022, the State of Nagaland was directed to send a fresh list of empanelled officers for appointment to the post of DGP to UPSC by October 31.
“The UPSC shall take a decision thereon on or before 30 November 2022,” the Supreme Court then directed in its order.
Meanwhile, the Bench refused to accept the ground put forth by UPSC that there would not be any disruption in the administration in Nagaland as the extended tenure of the incumbent DGP is to come to an end only on February 28, 2023, the LiveLaw report added.
It further added that during the course of the hearing, the Counsel for the State of Nagaland implored the Bench to grant relaxation in the necessary qualification set out by UPSC for being appointed as the DGP, which requires 30 years of service.
The Counsel pointed out that there was only one officer who meets the criteria and therefore, it would not be possible to provide a list of 3 empanelled officers as required for the purpose of appointment.
Reportedly, one of the candidates in the seniority list of IPS officers of Nagaland cadre, who is currently on central deputation, has refused the consideration for the post, while others, apart from current DG Prisons, Homeguards and Civil Defence in Nagaland, Rupin Sharma, are yet to fulfil the 30 years of service criteria.
According to the PTI News agency, in July, 2018, the top court had passed a slew of directions on police reforms in the country and restrained all States and UTs from appointing any police officer as acting DGPs to avoid favouritism and nepotism in such high-level appointments.
To check arbitrariness in the appointment of the highest-ranking police officer, the Supreme Court in its directives stated that the DGP must be selected from amongst the three senior-most officers empanelled by the Union Public Service Commission (UPSC) for the post based on length of service, service record, and range of experience.
On August 31, 2022, the Union Home Ministry conveyed the approval of the Appointments Committee of the Cabinet for extension of service and extension of inter cadre deputation tenure of incumbent DGP T John Longkumer, a 1991 batch IPS officer from Chhattisgarh cadre to Nagaland cadre for a period of six months from the date of his superannuation falling on August 31.
Accordingly, his tenureship was extended and the present proceeding is in relation with the extension after an application was filed by the Nagaland Law Students' Federation.
