The Supreme Court has approved the appointment of Acting DGP MV Rao by the Jharkhand government. A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian dismissed the PIL filed by Prahlad Narain Singh, who hails from Giridih. In the PIL it was alleged that Rao had been appointed as “Acting” DGP by the state government led by Chief Minister Hemant Soren in violation of the directives and guidelines of the Supreme Court.
The PIL stated that Rao was third in seniority among Jharkhand cadre IPS officers. Two senior IPS officers of 1986 batch who were senior to Rao of 1987 batch were Kamal Nayan Choubey and VH Rao Deshmukh who was to retire on July 31, 2020. K N Choubey who was appointed as DGP by the previous BJP government led by Chief Minister Raghubar Das was replaced by Rao who was appointed by the JMM-Congress-RJD government led by CM Hemant Soren as “Acting” DGP.
It was claimed that K N Choubey was transferred within 10 months of his appointment as the DGP ‘just to accommodate M V Rao, who is otherwise not eligible but a favourite of the JMM-led government’. It was alleged that Rao was unlawfully appointed as in-charge DGP in gross violation of the directives and guidelines given by the Supreme Court for appointment and tenures of DGP in every state.
Following the petition, the SC had sought replies from the respondents including the state government and found the Jharkhand government’s decision to appoint Rao as ‘Acting’ or ‘In-Charge’ DGP as valid and in accordance with the law. Senior advocates Fali S Nariman and Neeraj Kishan Kaul, appearing for the Jharkhand government, said that it is proxy litigation and the court cannot interfere in the service matter under Article 32 jurisdiction.
Rao, an IPS officer of 1987 batch, had been given the additional charge of DGP on March 16 after incumbent Kamal Nayan Choubey was transferred as an officer on special duty (OSD) in the Police Modernisation Division Camp in New Delhi.
