New DGP: Haryana refuses to send Manoj Yadava’s name to UPSC

Reiterating its stance, the Haryana government has refused to send the service record of 1988-batch IPS officer and former state police chief, Manoj Yadava to the Union Public Service Commission (UPSC) citing his unwillingness to come back to his parent cadre and his recent appointment as director general, Railway Protection Force (RPF), a central government assignment. The state government has also sent a communication to the UPSC in this regard.

The move is aimed at ensuring that three IPS officers serving in the state- Muhammad Akil and RC Mishra of the 1989 batch and Shatrujeet Kapur, 1990-batch, get empaneled on the basis of seniority, merit and experience by the UPSC. As per officials, chief minister Manohar Lal Khattar is keen on picking Kapur to head the state police force.

Two weeks ago, the UPSC had sought Yadava’s service record to make it a part of the proposal sent by the state government for selection of the next director general of police (DGP) in light of Supreme Court (SC) 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 before the SC came during the January hearing of an interlocutory application filed by the Nagaland government in the apex court.

The UPSC communique to the state government came after the latter omitted the name of Yadava, the senior-most IPS officer in the cadre, from the proposal, containing the names of nine IPS officers, sent to the UPSC for shortlisting three officers for the job. The tenure of the incumbent DGP, PK Agrawal ends August 15. Yadava, who remained Haryana DGP from 2019 to 2021, is on central deputation.

‘Yadava’s empanelment would restrict state’s choices’

In the latest communication sent to the UPSC, the state government has said that since Yadava has expressed his unwillingness to come back to his parent cadre and the fact that he was appointed as DG, RPF, on July 18, his empanelment by the UPSC would restrict the choice of officers (to only two) in terms of picking the next DGP.

“The Supreme Court had in the Prakash Singh judgment said the DGP shall be selected by the state government from among the three senior-most officers who have been empaneled for promotion to that rank by the UPSC on the basis of their length of service, very good record and range of experience for heading the police force. If Yadava is shortlisted in the panel of three, it will mean that the options for the state government will be limited to only two IPS officers,” said an official.

The Kerala precedent

Officials are also citing a precedent of Kerala cadre IPS officer, Nitin Agrawal, 1989-batch, whose name was among the eight IPS officers sent to the UPSC for empanelment as DGP. Aggarwal, who was on central deputation with the Central Reserve Police Force (CRPF), was subsequently appointed the director general, Border Security Force (BSF), in June and his name did not figure in the panel of three IPS officers prepared by the UPSC. However, it is not known whether the MHA had communicated to the UPSC the unavailability of Nitin Agrawal since he was heading a central para military force (CPMF). His consent would not have mattered for the purpose of empanelment as DGP of the state as per the SC directive and MHA undertaking before the SC.

What MHA told the apex court

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 empaneling him/her for appointment as DGP where the officer is on central deputation and whether the services of A Sunil Achaya were required due to the exigencies of service on central deputation or whether he can be empaneled 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 Achaya 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.

“An appropriate alternate for Haryana would be to request the Railways Ministry and MHA to write to the UPSC that since Manoj Yadava has been appointed as DG, RPF his services cannot be spared,” said an official.