Jharkhand govt to HC to ECI, how ex-DSP’s nomination bid as BJP face went to the wire

Hembrom had resigned as the DSP on June 15 amid the buzz that he would be pitched by the BJP as its candidate from the Scheduled Tribes (ST)-reserved Maheshpur seat. The non-acceptance of resignation could undermine any government official’s bid to contest the polls.

Rule 808 of the Jharkhand Police Manual related to resignations states that “All resignations by Police officers shall be in writing, signed by persons making the application. They are required to give two months notice to be relieved under Section 8 of Police Act but higher authorities may relieve them earlier.”

Expecting the BJP’s ticket, Hembrom made repeated attempts to get his resignation letter accepted by the JMM-led state government. Sources close to him said that despite his repeated pleas when the government did not relieve him, he moved the high court in August to seek remedy.

Disposing Hembrom’s plea on September 4, the high court judge, Justice Deepak Roshan, ordered the Inspector General of Police (Personnel) to treat his writ petition as a representation and “pass a formal order” in accordance with law keeping in mind the “rule 808 of the Police Manual” within four weeks.

However, Hembrom’s resignation was still not accepted by the government for another one-and-a-half months, forcing him to file a contempt plea in the high court on October 18 for non-implementation of its order. On the next date of hearing, i.e. October 25, the assistant counsel to the additional advocate general-II informed the court that this file was “pending before the Chief Minister (Hemant Soren)” and that the relieving order would be issued soon. However, until October 28 morning, Hembrom did not receive it.

The BJP candidate then sent a letter to the ECI to seek redressal of his grievance. The ECI wrote to the Chief Electoral Officer of Jharkhand the same day.

In its letter, the ECI, while referring to Hembrom’s complaint stated, “In this connection, it is requested to seek report from Chief Secretary Jharkhand in the matter and send the factual report by 2 pm today itself i.e. October 28.”

It was only then that the issue was resolved. The Jharkhand government’s Home, Prison and Disaster Management Department issued a notification, stating that “After due consideration of the representation submitted by Deputy Superintendent of Police, Jharkhand…for resignation from service, the resignation of Shri Hembrom…is accepted. The said order will come into effect immediately.” At 4.30 pm, the government also informed the high court that its order had been complied with.

When contacted, Hembrom told The Indian Express: “All I want to say is that I have filed the nomination and now I want to focus on the campaign.”

A government insider said: “The JMM dispensation seems to be desperate to win the elections and that is why Hembrom was made to run from pillar to post. This is the same government which flagged an infringement in the level-playing field to the ECI earlier.”

Hembrom is pitted against the two-time JMM MLA, Stephen Marandi. In the 2019 polls, Marandi had defeated the BJP’s Mistry Soren by 34,000 votes.