The Supreme Court on Monday asked the Ministry of Home Affairs to file an affidavit within a week indicating whether an officer’s concurrence is necessary before empanelling him for appointment as the Director General of Police (DGP) of a state even if he is on the Center’s deputation, ANI reported.
A bench led by Chief Justice of India (CJI) DY Chandrachud has also asked the MHA to place the supporting rule relating to the concurrence. The order was issued in response to a petition challenging the extension given to Nagaland’s now resigned DGP, T John Longkumer.
The court also requested a response from UPSC, detailing the steps it has taken to act in compliance with the MHA’s letter of consent on the relaxation of eligibility requirements.
Last month, the Supreme Court reprimanded the UPSC over the Nagaland DGP appointment process, refusing to grant the Empanelment Committee Meeting 60 days to prepare a panel of officers for making appointments to the post. The Supreme Court also set December 19, 2022 as the deadline for a ruling. It stated that the UPSC, MHA, and the State will handle the formalities.
As the consultation with the MHA on the case is still ongoing, the Union Public Service Commission (UPSC) has sought the court to provide at least 60 days’ time for convening the Empanelment Committee Meeting for the development of a panel of officers for appointment to the post of DGP, Nagaland.
According to the UPSC, there will be no administrative disruption in Nagaland because the present DGP’s extended tenure will end only on February 28, 2023, and the procedure of appointing the panel of DGP (Head of Police Force) can be completed before that date.
On 31 August 2022, the Ministry of Home Affairs (MHA) approved 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 31 August 2022.
The court, in the earlier 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 the empanelled officers for appointment to the post of the DGP.
The court had said that the list of empanelled officers shall be drawn up in accordance with the law after duly rectifying the deficiencies which were pointed out by the UPSC in its communication dated 1 April 2022. The list of eligible officers who are empanelled shall be communicated to the UPSC no later than by 31 October 2022. The UPSC shall take a decision thereon on or before 30 November 2022, the court said in its October 17 order.