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SC Seeks Response from Sikkim Govt & UPSC Regarding Appointment of DGP in State

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Indian Flag Court Gavel law insider

Priya Gour

Published on: 18th August, 2022 at 20:07 IST

The Supreme Court has asked the UPSC and the Sikkim government to submit their responses with respect to the appointment of the Director General of Police (DGP) in the State.

A Bench of Chief Justice of India NV Ramana and Justices JK Maheshwari and Hima Kohli was hearing a plea in which the DGP’s appointment was challenged.

A public interest litigation (PIL) was filed before the Court which cited that the appointment of Sudhakar Rao (IPS) as the State’s DGP was not in line with the verdict of the Supreme Court in the Prakash Singh Case.

As asserted by the apex court, the vacancy for the post was not advertised on merit three months prior. The majority of similar posts have been filled in the same discretionary manner. On the other hand, Rao was given additional charge of the post, despite charges alleged against him.

He was declared guilty after the completion of a departmental enquiry against him on charges of bribery. This was headed by the Central Bureau of Investigation (CBI).

The plea requested that:

  • A writ of Certiorari setting aside Rao’s appointment.
  • A writ of Mandamus directing the state and the UPSC to appoint DGPs by abiding to the court’s direction in the Prakash Singh Case.
  • A writ of Mandamus directing the UPSC to question the Sikkim government as and when such illegal appointments to the DGP post are made.

Earlier, the apex court had directed the State of Bihar to submit its response to a plea that challenged the appointment of SK Singhal as DGP.

A three-judge bench of Chief Justice of India NV Ramana had issued notice to the State on a similar PIL petition, that termed the appointment as violation of the Prakash Singh vs Union of India judgment.

Therefore, responses from the UPSC, Sikkim Government, and Bihar Government in this regard are awaited by the Court.