New Haryana DGP: Within 48 hrs, UPSC asks Haryana for Manoj Yadava’s service record

In a discomfiture for the Haryana government, the Union Public Service Commission (UPSC) has sought the service record of 1988-batch IPS officer Manoj Yadava to make it a part of the proposal sent by the state government for selection of the next director general of police (DGP). The UPSC communique to the state government came within 48 hours of the submission of Haryana’s proposal.

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

The state government had on July 11 sent a proposal containing the names of nine IPS officers to the UPSC for shortlisting three officers for the top job as the tenure of the incumbent DGP, PK Agrawal ends August 15.

While the state government after taking an undertaking from Yadava - that he does not want to come back to the state to lead the force- omitted his name from the proposal, the Commission has now sought inclusion of his name in light of Supreme Court’s directives and undertakings given by the Union ministry of home affairs (MHA) in the apex court that that the consent of an officer is not required for the purpose of empanelment as DGP of the state. The MHA response came during the hearing of an interlocutory application filed by the Nagaland government in the SC.

MHA clearly said no consent required for empanelment

“The UPSC has to consider the names of all the IPS officers in the DG and ADGP rank who have completed at least 30 years of service on the basis of their length of service, very good record and range of experience for heading the police force. The consent of the officer is not required for the purpose of empanelment as DGP. Once, three senior-most officers are empanelled for promotion to that rank by the UPSC, the state government has the choice to pick any of the three to head the state police force,’’ said a central government functionary.

The name of Yadava, being the senior-most Haryana IPS, had also figured in the July 2021 proposal sent to the UPSC for shortlisting a panel of three senior-most officers for selection of his successor as the DGP even when he had expressed his willingness to go back on the central deputation.

Hindustan Times had on July 10 exclusively reported that Haryana government’s proposal was not in line with the apex court’s directives in Prakash Singh case and undertakings given by the Union ministry of home affairs (MHA) in the SC and the UPSC may ask the state government to revisit the proposal.

The UPSC’s communication to include Yadava’s name has its own implications as his empanelment would effectively mean curtains for 1990-batch IPS officer, Shatrujeet Kapur. The likely three senior-most officers in the panel will then be Yadava, Muhammad Akil and RC Mishra. Kapur, who at present holds the charge of DG, anti-corruption bureau, is regarded the first choice of chief minister, ML Khattar for the top post, according to officials privy to developments in the government.

Not much should be read into UPSC communique: Haryana officials

State officials, however, maintained that the UPSC can only consider functional candidates who are in the zone of consideration and willing to be appointed as DGP. “Not much should be read into this communication. Junior rung commission officials merely looked at Haryana’s list and without application of mind sent a missive to the state government,’’ said an official. They said that UPSC will have to empanel three functional candidates in light of Yadava’s expression of unwillingness to come back to his parent cadre.

The nine IPS officers whose names were sent 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 name of 1991-batch IPS officer SK Jain has been held back as he was could not get an integrity certificate from the state government, having adverse entries in his service records.

Why SC sought MHAs opinion

The SC on January 9, 2023, while hearing an interlocutory application, had asked the MHA to file an affidavit on whether concurrence of an officer is necessary for empanelling him/her for appointment as DGP where the officer is on central deputation and whether the services of A. Sunil Acharya were required due to the exigencies of service on central deputation or whether he can be empanelled for the post of DGP Nagaland in view of the fact that a sufficient number of eligible officers are not available for empanelment. The MHA clarified the position stating that the consent of the officer is not required for the purpose of empanelment as DGP of the state but since Acharya is on central deputation, posted as additional secretary in the cabinet secretariat, having regard to the nature of the posting, it would not be possible to relieve him for appointment as DGP, Nagaland. Officials said that state government could have chosen a more appropriate path by requesting the MHA to make a similar contention before the UPSC in case of Manoj Yadava.