SC halts Odisha DGP selection till August 18

The Supreme Court on Thursday told the Union Public Service Commission (UPSC) not to finalise, till August 18, the names of probable officers for appointment of the Director General of Police of Odisha.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana sought responses from the UPSC and others on a PIL which alleged that the Odisha Government was trying to include a junior officer in the list of probable candidates for the DGP post, in breach of the apex court’s directions in the 2006 Prakash Singh case. The incumbent DGP, Y B Khurania, will demit office on August 16 this year.

“We will take it up on August 18. You assist us on that day but don’t finalise in the meanwhile,” the bench told the counsel appearing for the UPSC. The bench was informed that the UPSC was slated to convene a meeting on Thursday. The counsel appearing for the UPSC told the bench that no meeting would be convened by it on the issue till the next date of hearing. Senior advocate P Chidambaram, appearing for the petitioner, told the bench that on Wednesday, an officer of the rank of ADGP was promoted in Odisha.

The bench observed that no affected officer has approached the court on the issue. The counsel appearing for the state said there was no breach of the apex court’s directions in the Prakash Singh case. Senior advocate Raju Ramachandran, who is assisting the top court as an amicus curiae in the Prakash Singh case, said he was supporting the petition. “You defer your decision,” the bench told the USPC’s counsel. “If there is back door entry, it is not acceptable,” the top court said.

When the state’s counsel said there was no breach of the court’s directions, the bench observed, “The amicus has also expressed concern. You clarify it”. The bench posted the matter for August 18.

The 2006 apex court verdict and subsequent directions in the Prakash Singh case had said the DGP of a state shall be “selected by the state Government from amongst the three senior-most officers of the department who have been empanelled for promotion to that rank by the UPSC on the basis of their length of service, very good record and range of experience for heading the police force”.

And, once a person has been selected for the job, they should have a minimum tenure of at least two years irrespective of the date of superannuation, it had said.

On August 11, the apex court had agreed to hear the plea.

Chidambaram had then told the bench that the Odisha Government was attempting to include an ineligible officer in the panel to be sent to the UPSC.

The senior lawyer had said the UPSC was scheduled to meet on August 7 to consider a panel of three eligible DGP-level officers for the Odisha appointment, but the state withdrew the list of officers. He had said the state was now attempting to promote an Additional Director General of Police (ADGP) and include the officer in the fresh panel.

The CJI had said that as per an earlier order, the UPSC is duty-bound to approach the court in case of non-compliance of the directions.

Chidambaram had said Odisha had initially sent a panel in April and subsequently withdrew it. A second panel sent in May comprised three DGPs and eight ADGPs.

He had said the matter was being raised through a Public Interest Litigation (PIL) because serving police officers awaiting appointment as DGP would ordinarily be reluctant to challenge the state Government.