Nagaland DGP Appointment: Supreme Court seeks MHA response on whether concurrence by officer is necessary when on central deputation

The Supreme Court on Monday sought the response of the Central government on whether concurrence of an IPS officer, who is on Central government deputation, is necessary before his appointment as Director General of Police (DGP) in a State [Prakash Singh v Union of India]..A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha called for an affidavit in this regard from the Ministry of Home Affairs to be placed before it within a week. "MHA shall file affidavit within a week indicating whether concurrence of officer is necessary before empanelling the officer for appointment as DGP in State even though he is on central deputation," the Court ordered. In case concurrence is required, the supporting rule must be placed before the bench, the Court further directed..The Court was hearing a petition which against extension granted to Nagaland's incumbent DGP, T John Longkumer.Longkumer was appointed to the post on June 27, 2018 for a three-year term, but was given an extension till August this year. He was recently recommended for a six-month extension, 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 moved the present plea claiming that the incumbent DGP continuing in office amounted to violation of the top court's judgment. In this regard, the plea sought implementation of police reforms directed in the Prakash Singh judgment..The Supreme Court had in October asked the Nagaland government to prepare 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 Court had also taken strong objection to Longkumer sitting in the official meeting for empanelment of IPS officers for the post of DGP since Longkumer was also recommended to the post.In December 2022, the top court had taken strong objection to the delay by the Nagaland government and the Union Public Service Commission (UPSC) in appointing a new DGP despite the Court's earlier orders to expedite the process..During the hearing on Monday, CJI Chandrachud noted that despite there being another eligible officer, A Sunil Acharya, the UPSC did not send his name to Nagaland since he refused. "Him saying yes or no is irrelevant since he is in the cadre. Government can say he is wanted somewhere else." the CJI remarked. .Therefore, the Court sought a clarification in this regard. "MHA shall stated if Mr Acharya is needed in central deputation for national interest or he can be put under the panel for the Nagaland DGP post," the Court said..[Read our live-coverage of the hearing below].[Read order]