In a discomfiture for the Haryana authorities, the Union Public Service Commission (UPSC) has sought the service document of 1988-batch IPS officer Manoj Yadava to make it part of the proposal despatched by the state authorities for choice of the subsequent director basic of Police (DGP). The UPSC communique to the state authorities got here inside 48 hours of the submission of Haryana’s proposal.

Yadava, who remained Haryana DGP from 2019 to 2021, is the senior-most IPS officer within the cadre and is on central deputation at current as DG (investigations), National Human Rights Commission.

The state authorities had on July 11 despatched a proposal containing the names of 9 IPS officers to the UPSC for shortlisting three officers for the highest job because the tenure of the incumbent DGP, PK Agrawal ends August 15.

While the state authorities after taking an endeavor from Yadava – that he doesn’t wish to come again to the state to guide the power – omitted his identify from the proposal, the Commission has now sought inclusion of his identify in mild of Supreme Court’s directives and Undertakings given by the Union ministry of residence affairs (MHA) within the apex courtroom that the consent of an officer isn’t required for the aim of empanelment as DGP of the state. The MHA response got here through the listening to of an interlocutory utility filed by the Nagaland authorities within the SC.

MHA clearly mentioned no consent required for empanelment

“The UPSC has to think about the names of all of the IPS officers within the DG and ADGP rank who’ve accomplished at the least 30 years of service on the idea of their size of service, excellent document and vary of expertise for heading the police power. The consent of the officer isn’t required for the aim of empanelment as DGP. Once, three senior-most officers are empaneled for promotion to that rank by the UPSC, the state authorities has the selection to select any of the three to go the state police power,” mentioned a central authorities functionary.

The identify of Yadava, being the senior-most Haryana IPS, had additionally figured within the July 2021 proposal despatched to the UPSC for shortlisting a panel of three senior-most officers for choice of his successor because the DGP even when he had expressed his willingness. to return on the central deputation.

Hindustan Times had on July 10 completely reported that Haryana authorities’s proposal was not consistent with the apex courtroom’s directives in Prakash Singh case and undertakings given by the Union ministry of residence affairs (MHA) within the SC and the UPSC might ask the state authorities to revisit the proposal.

The UPSC’s communication to incorporate Yadava’s identify has its personal implications as his empanelment would successfully imply curtains for 1990-batch IPS officer, Shatrujeet Kapur. The seemingly three senior-most officers within the panel will then be Yadava, Muhammad Akil and RC Mishra. Kapur, who at current holds the cost of DG, anti-corruption bureau, is taken into account the primary selection of chief minister, ML Khattar for the highest submit, in accordance with officers aware of developments within the authorities.

Not a lot needs to be learn into UPSC communique: Haryana officers

State officers, nonetheless, maintained that the UPSC can solely contemplate useful candidates who’re within the zone of consideration and keen to be appointed as DGP. “Not a lot needs to be learn into this communication. Junior rung fee officers merely checked out Haryana’s listing and with out utility of thoughts despatched a missive to the state authorities,” mentioned an official. They mentioned that UPSC should empanel three useful candidates in mild of Yadava’s expression of unwillingness to return again to his guardian cadre.

The 9 IPS officers whose names had been despatched on July 11 to the UPSC are – 1989-batch officers, Muhammad Akil and RC Mishra; two 1990-batch officers, Shatrujeet Kapur and Desh Raj Singh; a 1991-batch officer Alok Kumar Roy; two 1992-batch officers OP Singh and Ajay Singhal; and two 1993-batch officers Alok Mittal and AS Chawla. The identify of 1991-batch IPS officer SK Jain has been held again as he was couldn’t get an integrity certificates from the state authorities, having opposed entries in his service data.

Why SC sought MHA’s opinion

The SC on January 9, 2023, whereas listening to an interlocutory utility, had requested the MHA to file an affidavit on whether or not concurrence of an officer is important for empanelling him/her for appointment as DGP the place the officer is on central deputation and whether or not the companies of A. Sunil Acharya had been required as a result of exigencies of service on central deputation or whether or not he may be empaneled for the submit of DGP Nagaland in view of the truth that a enough variety of eligible officers are usually not obtainable for empanelment. The MHA clarified the place stating that the consent of the officer isn’t required for the aim of empanelment as DGP of the state however since Acharya is on central deputation, posted as further secretary within the cupboard secretariat, having regard to the character of the posting , it could not be attainable to alleviate him for appointment as DGP, Nagaland. Officials mentioned that the state authorities may have chosen a extra acceptable path by requesting the MHA to make an identical competition earlier than the UPSC in Manoj Yadava’s case.