SHILLONG, Feb 6: J Rymmai, a retired IPS officer and one of three who were sacked from the Lokayukta, has alleged a breach of his contract.
Several organisations including the Voice of the People Party have been crying foul over the “illegal sacking” of the three Lokayukta officers.
Rymmai said he was appointed as the Director of Enquiry and Prosecution for three years on October 19, 2022, by the Chairperson of Lokayukta consequent to the government’s concurrence. During the discussion of his appointment, there was no mention of his post being an interim measure, he said.
“I would have outrightly turned down the offer had there been any preconditions in the appointment. I have a 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’s approval was in line with the proposal sent from the Lokayukta,” he stated.
Rymmai further said he received his “sudden termination” letter on December 19, 2023, causing shock and discontentment.
He said the notification lacked transparency as it failed to provide any reason for the premature termination, which was contrary to the appointment letter that had no clause suggesting that his service may be terminated at any point in time without assigning any reason thereof.
Furthermore, the due process in their removal was not followed in invoking Section 52 of the Meghalaya Lokayukta Act 2014, which designates Lokayukta officials as public servants under Section 21 of the Indian Penal Code, he said.
Article 311 of the Constitution of India underscores the requirement for a fair opportunity and a proper notice outlining reasons for dismissal, a right the director asserted was denied.
He said, “Article 311 is very clear on this matter. Since the government has contemplated removing me from the Lokayukta, I feel that I should have been given an opportunity by way of issuing a notice stating the reasons that necessitated my removal from the said post. I was deprived of such an opportunity.”
The former director also highlighted the clandestine manner in which the decision was executed, with the Chairperson’s notification of their removal issued just two days before the official announcement.
While his term was to last three years, the two junior officers sacked were under contract for five years.
The premature termination, without valid justification, potentially breaches the terms of the contract, warranting an explanation for the apparent lapse in procedural fairness, Rymmai said.
