Selected MPS candidate moves Court against non-appointment
High Court issues notices on Govt, sets March 7 as final date of hearing of case
Source: The Sangai Express

Imphal, February 19 2013: Following the refusal of the State Government to appoint a candidate who ranked 34th in the Manipur Civil Service Combined Competitive Examination, 2010, the Imphal Bench of the Gauhati High Court has today issued notices on the State Government, questioning why the said candidate cannot be appointed to the post and fixed March 7 for the final hearing.

The petitioner, RK (Ongbi) Brinda had made the cut for the Manipur Police Service in the examination.

Incidentally RK (Ongbi) Brinda is the daughter in law of the Chairman of the UNLF, RK Meghen.

The candidate moved the Court after the State Government issued a circular that "she is not fit to be appointed as an MPS officer in the Home Department," citing a number of reasons.

Manipur Public Service Commission (MPSC) Building

In an office memorandum dated January 10, 2013, Chief Secretary DS Poonia stated that at the time of verifying the antecedents of the selected candidates, the police found that an FIR case No.270 (5) 2012 IPS under IPC Section 328 (causing hurt by means of poison etc with intent to commit an offence), Section 511 (punishment for attempting to commit offences punishable with imprisonment) Section 447 (punishment for criminal trespass), Section 447 (punishment for criminal trespass), Section 506 (punishment for criminal intimidation) and Section 34 (acts done by several persons in furtherance of common intention) has been lodged against Brinda.

The office memorandum further said that an interim bail order was obtained by RK (Ongbi) Brinda on April 10, 2012, under the condition that she should appear before the Imphal Police Station.

However Brinda failed to appear before the police, despite summons being served and the police ultimately moved the District and Sessions Court, Manipur to cancel the interim bail, said the office memorandum and added that the FIR case is still pending.

The FIR case was taken up on the basis of a complaint filed by an individual from Thangmeiband and significantly the complainant had withdrawn the complaint on June 2, 2012 .

The Chief Secretary in the office memorandum further said that the CID (Special Branch) has also found that at the time of the arrest RK Meghen by the National Investigation Agency in November 2010, Brinda along with her mother in law and other family members had openly demonstrated solidarity to Meghen and the UNLF.

"Smt RK (O) Brinda, if appointed as an MPS officer in the Manipur Police, will be in a position to disclose and compromise the programmes and policies of the Department if she so desires and considering her sympathy and closeness to RK Meghen, it is likely to make the Department highly vulnerable to the designs of the UNLF organisation," said the office memorandum.

Stating that Brinda is not fit to be appointed as an MPS officer in the Home Department, the office memorandum further said that this is also in consonance with the ruling of the Supreme Court of India contained in its order dated 13/10/2011 passed in the State of West Bengal and others Versus Nazrul Islam.

In her petition filed before the High Court, Brinda contended that the FIR lodged against her has been withdrawn by the complainant himself and added that she was unnecessarily being harassed by the police.

She appealed before the Court to quash the office memorandum of January 10, 2013 and issue directives to the Government to appoint her in the Manipur Police Service.

Denial of appointment is arbitrary and is violative of Article 14, 16 and 21 of the Constitution of India, she said in her petition.

Supreme Court Advocate SK Bhattacharya appeared on behalf of the petitioner, Brinda.