Two Nagaland Police officers successfully appeal High Court cancellation order

DIMAPUR — Two of the 40 Sub-Inspectors (SI)/Unarmed Branch Sub-Inspectors (UBSI)/Assistant Sub-Inspectors (ASI)/Instructor Havildars in Nagaland Police, whose appointments were recently cancelled by the Kohima Bench of Gauhati High Court, have successfully argued for a review of the order in respect of their appointments.

On Friday, Justice Manish Choudhury issued notice to the state authorities after ruling that the two review petitioners— Viboto H Sumi, an SI under District Commandant Home Guard and Civil Defence in Phek, and Keneilekho Sophie, an Instructor Havildar at Central Training Institute Home Guard and Civil Defence in Dimapur—have made out a prima facie case for review of the judgment and order dated September 26 “in so far as the observations and directions made in respect of their appointments are concerned.”

In its September 26 verdict, the court had set aside and quashed the appointment of 40 SI/UBSI/ASI and Instructor Havildars in Nagaland Police after concluding that their appointments—in the period between 2019 and 2020—were made “without any advertisement”.

The lawyer for the two review petitioners, Tongpok Pongener, submitted that his clients’ case was different since their appointments were made following due procedure. 

“On consideration of the materials brought on record in this review petition, it prima facie appears that the appointments of the two review petitioners was purportedly preceded by an advertisement published in an English newspaper and thereafter, a recruitment process consisting of medical test, physical test, written examination and oral interview, was conducted wherein the two review petitioners appeared to have participated.

“It further transpires that the results of the recruitment process were also published in the newspaper. Having regard to such materials, I am of the considered view that the two review petitioners have made out a prima facie case for review of the judgment and order dated September 26, 2024 in so far as the observations and directions made in respect of their appointments are concerned,” read the order.

As the two review petitioners are serving in their respective posts, the Judge observed that there should be status-quo as regards their services till the next hearing.

“The respondents shall make endeavour to file their respective counter affidavits on or before the returnable date. Mr. Jamir, learned counsel representing the respondent nos. 17 to 20 (Home and Police officials), shall also make endeavour to obtain the relevant records as regards recruitment of the two review petitioners are concerned.

“List the case on November 8, 2024,” it stated.