State Govt served legal notice on DGP appointment

State Govt served legal notice on DGP appointment
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‘Restore Rupin Sharma’s services or face contempt petition’

Dimapur, August 31: The Concerned People of Nagaland, an unregistered association of social activists of Nagaland, has served a legal notice to the Government of Nagaland to comply with the directions of the Supreme Court of India on the appointment of Director General of Police in Nagaland.
The legal notice was served by D.K. Sharma & Co on behalf of the Concerned People of Nagaland to the Chief Secretary, Government of Nagaland.
The legal notice, citing Supreme Court in Prakash Singh’s case (supra), said the DGP of a State shall be selected by the State Government from amongst the three senior-most officers of the Department who have been empanelled for promotion to that rank by the Union Public Service Commission on the basis of their length of service, very good record and range of experience for heading the police for force.
“And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties,” said the legal notice citing the directions of the Supreme Court.
The notice pointed out that the use of words “the three senior-most officers of the Department” by the Supreme Court clearly shows that the DGP has to be from the State Cadre only and not from any other State Cadre by way of deputation. Similarly the use of the words “to head the police force” clearly means the police force of the State concerned, it said.
The legal notice pointed out that the Supreme Court had further directed in the Prakash Singh’s judgement that “once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation.”
The notice highlighted that successive governments in Nagaland have been appointing the DGP of the State police force by requisitioning a single officer of their choice on deputation from other cadres. “The State of Nagaland has never followed the directions of the Hon’ble Supreme Court in the matter of appointment of the DGP of its police force. The State of Nagaland has all along been deliberately and conscientiously violating the directions issued by the Hon’ble Supreme Court in the aforesaid,” it said.
The notice reminded that Rupin Sharma, IPS (Nagaland: 1992), being the senior-most IPS cadre of the State cadre, was appointed as the Director General of Police on 23.11.2017. “However, he was unceremoniously removed from the post of the DGP within seven months of his appointment and put on compulsory wait in blatant violation of the above directions mandating a minimum tenure of two years. This clearly constitutes contempt of the Hon’ble Supreme Court,” the legal notice said.
In this regard, the legal notice asked the Chief Secretary of Nagaland to implement and comply with directions of the Supreme Court issued in Prakash Singh’s case (supra) regarding appointment of DGP within 15 days from receipt of the legal notice. It also urged the Chief Secretary to restore the services of Rupin Sharma as DGP, who the legal notice said, is the senior-most IPS officer of Nagaland cadre in the State and allow him to continue till appointment as per directions of the Supreme Court is made.
“Failing this, my client shall have no option but to file Contempt of Court Petition against you in the Hon’ble Supreme Court entirely at your own risk and responsibility. Needless to say that as per Rules, your good self will be personally liable for the Contempt in the event of your failure to comply with the afore-said directions of the Hob’ble Supreme Court,” the legal notice said.
When Nagaland Page contacted a top official of the state Government, he confirmed that they have received the said legal notice but refused to further comment on the issue.(Page News Service)