The Supreme Court on Monday reprimanded the Nagaland state government for extending the tenure of the Director General of Police after his superannuation. A Supreme Court bench of Justice DY Chandrachud and Justice Hima Kohli was hearing a plea which alleged that the appointment of Nagaland DGP was in violation of the apex court’s judgment and order passed in July 2018, where it said that there should not be any acting DGP and the DGP should have a two years fixed tenure.
Advocates Kaveetha Wadia and Astha Sharma, representing Nagaland Law Students Federation and others, sought a direction to Nagaland government to recall its order dated August 31, granting six-month extension to Longkumer. Citing Longkumer’s extension, the counsel added that his staying in office is subversion of rule of law.
The top court said the state government should put its house in order, and asked it to provide fresh names of eligible officers from the state cadre to the UPSC for new DGP.
The bench said Nagaland must immediately send a list of empanelled officers for the post of the DGP, drawn as per law, to the UPSC, taking into consideration deficiencies pointed by the UPSC by October 31. The UPSC will take a decision on the names suggested on the panel by November 30.
The bench after a discussion asked Nagaland Counsel whether Nagaland DGP Longkumer had completed his tenure or not. “When was he appointed?” the SC bench asked to which the advocate replied June 2018.
Justice Kohli then asked why they had to bring someone from outside who did not have 30 years of experience to which the counsel moved an application giving background for their move and said that they are not in a position to send UPSC a list (of officers).
The bench further noted that Longkumer had participated in a meeting that effectively recommended extension of his tenure.
Justice Chandrachud then asked the need to keep him for another 6 months, “Let him retire in peace; why the extension?” The Counsel asked for a notice to be issued to file a reply.
The SC then asked the advocate to approach UPSC this week and tell the Chief Secretary that they are taking a “dim view of him sitting in the meeting for his empanelment.”
The Counsel for Nagaland state said that they will have to make a reference to the selection board to which the SC asked them to forward the names to the UPSC by next Wednesday.
The bench then dictated its order that read, “Govt. of Nagaland recommended 3 names towards appointment of DGP Nagaland for a vacancy from 31 August 2022. In its response, the UPSC pointed out certain deficiencies in the recommendations made by the government.”
Specifically, it was stated that since the vacancy arose out of the superannuation of Mr. Longkumer, his name needed to be deleted from the list. Further, Nagaland cadre officers need to be recommended while Mr. Longkumer is from Chhattisgarh cadre. It observed that senior most officers had been excluded and they were asked to be included.
The SC further continued the order that read, “The Union govt. had approved the inter cadre deputation and extension of tenure by six months. A meeting of the Police Selection Board chaired by the Chief Secretary recommended 3 names for empanelment as DGP. The meeting included Mr. Longkumer as a member though his name was being recommended.”
The bench also noted that the Union Ministry of Home Affairs considered and approved the state government’s proposal dated August 31, 2022, which sought a six-month extension of service for Longkumer and was granted. The court also stated that the MHA was not given the details of the UPSC letter dated April 1, 2022.
“Having heard submissions, we are of the considered view that in view of the communications issued by the UPSC, Nagaland govt. must immediately send the list of empanelled officers for DGP post. The list shall be drawn up in accordance with law after duly bearing in mind the deficiencies pointed out by the UPSC. This is to be done no later than by October 26.”
The state advocates asked the SC to extend their time to which the SC has extended it to October 31.
On June 27, 2018, Longkumer was appointed as the DGP. Last year, he was given a one-year extension until August 31, 2022. This year, he was given another six-month extension.