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The plea has sought direction to quash an order of the Sikkim Government giving charge of Director General of Police Sikkim to IPS A Sudhakar Rao, owing to alleged serious allegations of corruption against him.
The Supreme Court on Wednesday issued notice in a Public Interest Litigation plea seeking direction to quash order of the Sikkim Government giving charge of Director General of Police, Sikkim to IPS A Sudhakar Rao.
A bench of the Chief Justice of India NV Ramana, Justice JK Maheshwari, and Justice Hima Kohli while hearing the plea filed by one Gagan Rai through Advocate Satish Kumar issued notice.
The plea argued that the Government of Sikkim has not complied with the directions issued by the apex Court in the case of Prakash Singh Vs. Union of India. The appointment has been alleged to be not in compliance with the Supreme Court's order as Rao was trapped by CBI on a complaint from two of his junior officers that he was asking for a bribe from a senior United India Insurance official.
The plea submitted that in the departmental inquiry Rao was found guilty and the matter was sent to the Ministry of Home Affairs for taking action and the decision of MHA/UPSC (Union Public Service Commission) regarding punishment is awaited.
"Appointing such an officer to the post of DGP is totally against the spirit of the orders passed by this Hon'ble Court in the case of Prakash Singh (supra)," the plea added.
The plea further sought direction for the appointment of DGP Sikkim in accordance with the guidelines laid down by the Supreme Court in the case of Prakash Singh.
The plea alleged that irrespective of the order of the Supreme Court, the State Government did not send the proposals in anticipation of the vacancies to the Union Public Service Commission, well in time at least three months prior to the date of retirement of the incumbent on the post of Director General of Police.
The Union Public Service Commission failed to prepare the panel as per the directions even when the proposal was sent by the State Government and the UPSC did not send the panel report to the State Government for the appointment of DGP, the plea argued.
Case Title: Gagan Rai Vs. State of Sikkim & Ors.
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