The row over Orisha DGP selection process is refusing to die down as the Supreme Court, in its hearing, raised the issue of whether the Odisha government was aware of the CBI FIR against IPS officer Susanta Kumar Nath (IPS:1993:OD) in the police SI exam irregularity case before sending his name for the DGP post to the UPSC for empanelment .
A three-judge bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana heard the matter on Wednesday.
Senior counsel Karuna Nundy, who appeared for the IPS officer, submitted that no CBI request for sanction to interrogate Susanta Kumar Nath is pending.
He added that the CBI may summon Nath in the future, but so far has not sought permission for his interrogation.
Also, he added that when the CBI registered the FIR in the case on November 12, 2025, IPS officer Nath’s name was not in it, so his name was sent to the UPSC for DGP empanelment.
Justice Bagchi raised some biting questions asking if the Odisha government knew about the CBI FIR, why did it not inform the UPSC? The judge also asked why did the state govt send Nath’s name to the UPSC in May despite knowing about the FIR having been registered about six months back.
Amicus curiae Raju Ramachandran submitted that the Odisha government has circumvented the top court’s earlier order by indirectly withholding the integrity certificate of an eligible officer. He sought an explanation from the state govt on it.
Senior advocate Prashant Bhushan, who appeared for original applicant Prakash Singh, submitted that as per the Centre’s November 2012 guidelines, vigilance clearance for promotion can be withheld only on three grounds: when the employee is under suspension, when disciplinary proceedings are pending and chargesheet filed, and when a criminal case is under trial. If none apply, withholding the integrity certificate is not justified.
After hearing these submissions, the state govt told the bench that it will reply it on Thursday, when the matter would be taken up for hearing again in the top court.
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