The Supreme Court issued a notice in a Public Interest Litigation petition calling for a directive to reverse the Sikkim Government's decision to appoint IPS A. Sudhakar Rao as Director General of Police for Sikkim on Wednesday.
The argument made in the petition was that the Government of Sikkim had disregarded the directives given by the Supreme Court of India in the case of Prakash Singh v. Union of India.
The appointment is said to have breached the Supreme Court's ruling because Rao was trapped by the CBI after two of his subordinate officers complained that he was asking for a bribe from a senior official.
The defense argued that Rao was found guilty in the departmental investigation and that the matter was forwarded to the Ministry of Home Affairs for action. The MHA/UPSC (Union Public Service Commission) decision about punishment is pending.
"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 also sought direction for the appointment of the DGP for Sikkim in accordance with the guidelines established by the Supreme Court in the Prakash Singh case.
In addition, it was stated in the plea that the State Government failed to send the Union Public Service Commission the proposals well in advance—at least three months before the current DGP's retirement date—despite the Supreme Court's direction.
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