After Punjab, Haryana also wants to control the appointment of State Director General of Police (DGP) and does not want any role for the Union Public Service Commission as the Supreme Court had directed sometime ago.
The one-day Winter Session of the Haryana Assembly on Saturday passed the Haryana Police (Amendment) Bill, 2018, paving way for selection of the DGP by the State Government.
Earlier this month, the Supreme Court had granted a one-month extension to Haryana and Punjab director generals of police (DGPs), BS Sandhu and Suresh Arora, respectively. Both Sandhu and Arora were given three-month extension following their retirement on September 30. The extended tenure was to end on December 31. Now, both the DGPs will retire on January 31, next year. As per the amendment in Haryana, the State Police Board is required to be substituted with State Security Commission. There is no procedure for selection of Director General of Police, as per the Bill.
The Bill amended certain provisions of the Haryana Police Act, 2007. For the appointment of Director General of Police, who is responsible for administration controlling and supervising the police service to ensure its efficiency, effectiveness, responsiveness and accountability in the State, a transparent procedure needs to be adopted, the Bill says.
Though, as per direction, the minimum tenure of DGP was two years, yet, it is felt that the period of minimum two years would be a long period and in order to rule out the possibility of absolutism and complacency, it should be kept adaptable, it further says.
Hence, the term of DGP is proposed to be prescribed as not less than one year extendable to one more year, the Bill says. The Bill proposed that the removal of DGP be made in consultation with the State Security Commission, the apex body to take broad policy decisions.
With the passage of the Bill, the state government will have absolute powers to select the State's DGP.
Under the amended Act, a State Security Commission, headed by the chief minister and comprising among others, Leader of Opposition, Advocate General, a retired HC Judge, the chief secretary, home secretary and incumbent DGP and two non-political persons, will have the powers to appoint the State police chief. The DGP will be selected from a panel of "at least three eligible DGP rank officers" selected by a committee headed by chief secretary and comprising home secretary and outgoing DGP.
The amendment brought about by the Bill in Haryana Assembly was done in the backdrop of the July 3 orders of the Supreme court saying that the DGP shall be selected by the State Government from among the three senior-most officers empanelled for promotion to that rank by the Union Public Service Commission (UPSC) on the basis of their length of service, very good record and range of experience for heading the police force.
Once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation, the apex court had said.
The SC had said that state governments should send proposals with regard to appointment of the next DGP to the UPSC at least three months prior to the date of retirement of the incumbent.