New Delhi: Senior Odisha-cadre IPS officer Susanta Kumar Nath has told the Supreme Court that the Odisha government discriminated against him by withdrawing his Integrity Certificate during the ongoing selection process for the state’s Director General of Police (DGP).
Nath, a 1993-batch IPS officer of the Odisha cadre, filed an affidavit before the Supreme Court as the court continues to examine the process followed by the Odisha government in sending names to the Union Public Service Commission (UPSC) for empanelment. Odisha Police records list Nath as Director General of Prisons and Correctional Services, with additional charge of the Odisha Police Recruitment Board.
Nath Challenges Withdrawal of Integrity Certificate
In his affidavit, Nath argued that the only basis for withdrawing his Integrity Certificate was a CBI communication stating that he “may be examined at a later date if required”, after certain other officials were examined and permission under Section 17A was obtained.
He contended that the wording did not establish that he would necessarily be examined or that he was an accused in the case.
“The only thing that has been treated as being against the Applicant (Nath) is that the CBI has mentioned in its letter of August 4 that he may be examined at a later date if required.”
Nath further submitted that even if the CBI ultimately examined him, he could be questioned as a witness, and argued that the communication should not have been used to prevent him from being considered by the UPSC.
Supreme Court Had Earlier Questioned State’s Action
The affidavit comes days after the Supreme Court questioned the Odisha government over the withdrawal of Nath’s Integrity Certificate following the CBI communication.
During the September 24 hearing, the Bench asked whether withholding the certificate amounted to treating Nath as an accused. The State told the court that the CBI investigation into alleged irregularities in the police Sub-Inspector recruitment examination was continuing and that Nath, who had headed the Odisha Police Recruitment Board, “may be required to be examined” after certain other steps in the investigation.
The State subsequently forwarded a revised proposal containing the Integrity Certificates of 10 officers instead of the earlier list that included Nath.
Nath Raises Questions About Two Other IPS Officers
Nath has also referred in his affidavit to R.P. Rao Koche (IPS: 1993: OD) and Sanjeeb Panda, (IPS: 1994: OD), whose names were included in the State’s proposal for consideration for the DGP post. Koche serving as ADG, Anti-Naxal Operations, and Panda as Director, Vigilance.
According to Nath, information available in the public domain indicates that the two officers had previously been examined by the CBI in connection with the Seashore chit-fund case.
Contemporary reports from the CBI investigation had reported the questioning of Koche and Panda in connection with the Seashore Group case.
Nath has alleged that the State did not place this information before the Supreme Court or the UPSC and did not withdraw the Integrity Certificates of the two officers.
“Indeed, it seems clear that no letter akin to the letter of August 03, inquiring about the status of the present Applicant has been sent with regard to the other two officers,” he said in the affidavit.
DGP Selection Process Under Supreme Court Scrutiny
The wider case concerns the procedure adopted by Odisha for selecting its next DGP. The Supreme Court has been examining issues surrounding the State’s proposals to the UPSC, including the exclusion of Nath and questions over the composition of the pool of eligible officers.
The proceedings are linked to the Supreme Court’s directions in the Prakash Singh police-reforms case, under which the UPSC prepares a panel of eligible senior officers for appointment as state DGP. Recent hearings have also dealt with the timing of promotions and additions to Odisha’s proposed list.
A Supreme Court order dated September 7 had allowed Nath, who was participating in the proceedings as an intervenor, to file a reply affidavit and directed the State to place any additional note-cum-affidavit on record.
The matter remains pending before the Supreme Court, with the court examining the competing submissions concerning Nath’s exclusion and the broader DGP appointment process.
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