Nagaland civil society organisation seeks Guv’s intervention in DGP removal case
TNT News | Kohima, June 25, 2018:
As the protests against the state government's decision to remove Rupin Sharma from the post of DGP in Nagaland continue, the Nagaland Public Rights Awareness and Action Forum (NPRAAF) has sought the intervention of the Governor, PB Acharya asking him to advice the government to act 'judiciously and constitutionally' following all set of rules while appointing the new DGP in the state of Nagaland.
The NPRAAF, who met the Governor on June 22 in Kohima, has expressed disappointment at the 'forced replacement' of Rupin Sharma as DGP by an officer much junior to him in service.
The members of the NPRAAF also expressed surprised over the reported appointment order of another New DGP of Nagaland issued by the Home Ministry, government of India, just barely a day after Renchamo Kikon was asked to take charge as the New DGP.
The NPRAAF also alleged the state government of working overtime to replace Rupin Sharma as DGP "for the reason best known to the Govt. If the Government of Nagaland work with the same stamina for the welfare of the state surely Nagaland will become very progressive."
Reacting to reports alleging the government of threatening Rupin Sharma of disciplinary action for "orchestrating" protest in his support, the NPRAAF requested the Governor not to allow the Government to make intimidating statement basing on unfounded allegation.
"The action of the State Government is against the IPS (Regulation of Seniority) Rules, 1988 and against the wishes of the people of Nagaland who openly demanded his retention," they stated.
Referring to the Apex Court judgment, the federation said that the Supreme court in its judgement on 24th April 2017 ruled that, If a chief secretary loses the confidence of the chief minister, he or she may be shifted to another post in the larger interest of administration but it cannot be applicable to the head of police force in the state and DGP cannot be removed merely on this basis, the SC said.
"There is a difference in the role of the chief secretary as the chief executive of the state and the DGP of a state; their roles cannot be equated.While the chief secretary can be removed if he or she does not enjoy the confidence of the chief minister or does not have a complete rapport and understanding with the CM, the removal cannot be questioned unless there is a violation of some statutory or constitutional provision. But that is not so with the state police chief," a bench of Justices Madan B Lokur and Deeapk Gupta said.
"The rule of law should not become a casualty to the whims and fancies of the political executive. In that event, the state police chief might be pressured laterally by the political executive and vertically by the administration. It is to ensure that no such pressure is exerted on the state police chief and if so exerted, then the state police chief does not succumb to such pressure that the judgement in Prakash Singh case provided for security of tenure and insulating police from the Executive," the bench said.
"The state Govt. action is against the constitution and an insult to the honest police officer, who refused to bow down to Mantris and Babus for corruption. Such unethical action will demoralize the state police force and an honest public servant," they added.