Shillong, Feb 7: Here is thec full text of sacked Lokayukta official J Rymmai criticising the government.
Subject: Clarification on termination of service from Meghalaya Lokayukta
Dear Madam/Sirs,
For the last one month or so, the news headlines in the local dailies have quite often been on my termination along with two of my junior colleagues from the Meghalaya Lokayukta followed with reactions expressed from various quarters. In reply to those reactions, the spokespersons of the Government have come up with various reasons defending the action of the government to remove me and my colleagues. I do not want to reiterate the same as it is already in public domain.
I respect the clarification given by the government’s spokespersons in defending the stand taken by the government, however, I am constrained to come up with factual clarification and to put things in the right perspective as I have become a subject of various speculations in the eye of the public and this unsavoury development has put me and my family members under a lot of stress.
A. MY APPOINTMENT:
On 29th June 2022 upon being requested, I met the Chairperson of the Meghalaya Lokayukta where I was offered the post of the Director of Enquiry and Prosecution as the post has fallen vacant following expiry of the term of the previous Director who was also a retired IPS officer. The Hon’ble Chairperson after a detailed discussion with me on the matter in his office chamber, was satisfied to recommend my name for appointment to the aforesaid post. Having been assured in very clear terms that my tenure with the Lokayukta will be for a period of three uninterrupted years, I accepted to take up the job. The Secretary of the Meghalaya Lokayukta forwarded my written petition to the Government with a recommendation for my appointment U/S 10 (2) of the Meghalaya Lokayukta Act 2014 as the Director for a period of three years. At no point of time in the discussion with the Lokayukta had it occurred that my appointment was an interim measure and retired persons cannot be appointed as Director and investigating officers in the Lokayukta. Perhaps, I would have outrightly turned down the offer had there been any pre-conditions in the appointment. I have strong reason to believe that this matter was meticulously and judiciously examined at various departments of the government and I am sure that after being satisfied that my appointment as the Director of Enquiry and Prosecution was legitimate, the government gave the approval in line with the proposal sent from the Lokayukta.
Consequent to the government’s concurrence, I was given an appointment letter by the Chairperson of the Meghalaya Lokayukta on the 19th of October, 2022.
B. MY TERMINATION:
On the 21st December 2023 a notification was issued by the Lokayukta that I have been relieved from my post as the Director of Enquiry and Prosecution and replaced by a serving IAS officer following notification issued by the government of Meghalaya to the Lokayukta on 15.12.2023. I am shocked and aggrieved with the aforesaid notification for removing me from the post uninformed on the following counts:
1. In the notification dated 21st December 2023 no reason was given for terminating me prematurely from my post. It may be mentioned that the appointment letter issued to me did not carry any clause that my service may be terminated at any point of time without assigning any reason thereof. Silence on the part of the authority in spelling out in clear terms circumstances that led to my termination is quite inexplicable and incomprehensible.
2. Section 52 of the Meghalaya Lokayukta Act 2014 states that the Chairperson, Members, officers, and other employees of the Lokayukta shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code. That being the case, it is therefore, mandatory that for removing them from service, due process of law must be followed. Article 311 of the Constitution of India is very clear on this matter. Since the Government has contemplated to remove me from the Lokayukta, I feel that I should have been given an opportunity by way of issuing a notice stating reasons that has necessitated for removing me from the said post. Such opportunity was deprived of me.
3. The decision to terminate me was carried out in a surreptitious manner until on the 19th of December 2023 when the Hon’ble Chairperson informed that I am being relieved from said post. The tearing hurry in which I was removed from the Lokayukta office is insulting. It is as if to suggest that my further continuance in this august institution will defile its sanctity.
4. The tenure as approved by the government is for three years in my case and five years in the case of the other two junior officers. Hence, short circuiting the tenures before the expiry of the term without offering valid reasons for doing so perhaps, may be construed as a breach of contract. How can one account for this lapse?
As a retired government servant who had served the Police Department for about thirty-eight years to the best of my ability, I understand that the order of the government must be complied with, and true to the pledge I had taken, I had never denied any legal orders issued to me during my stint at various ranks. Similarly, in my instant case albeit, I was offered to join the Meghalaya Lokayukta, I would have accepted the decision of the government to cut short my tenure on exigency circumstances as expressed by the spokespersons had the authority considered it prudent to inform me well in advance about such impending action and had it respected my dignity, sentiment, and self-respect.
Dated Shillong,
The 6th February 2024.
Shri J. Rymmai, IPS (Retd),
Umpling Lumdiengmet.
