SC takes serious note of delay by several States in sending proposal for DGP appointment

Taking serious note of the inordinate delay by several states in sending proposals for appointment of Director General of Police, the Supreme Court on Thursday authorised the Union Public Service Commission (UPSC) to bring such instances to its notice.

The Supreme Court granted four weeks to the UPSC to convene a meeting and make a recommendation for the appointment of the Director General of Police (DGP) for Telangana, where the last regular DGP retired in 2017.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi fully endorsed the concern expressed by the UPSC regarding the inordinate delay on the part of several states in sending proposals for the appointment of DGPs in terms of the top court’s directions in the Prakash Singh case.

In the Prakash Singh case, which relates to police reforms, the Supreme Court had laid down guidelines which mandates selection of DGPs from among three senior-most IPS officers empanelled by the UPSC and set a fixed two-year tenure for them.

The UPSC told the bench that the delay on the part of the state deprives meritorious and senior officers from being considered for appointment as DGP. The Commission said several states keep on delaying sending a proposal for the appointment of DGP in total disregard of the Supreme Court’s directions and an ad-hoc arrangement by appointing an acting DGP was being preferred instead of a regular appointment.

“In order to ensure that there is no defiance of the directions issued in the Prakash Singh case, we hereby authorise the UPSC to firstly write to the state Governments to sent timely proposal for appointment of DGP,” the bench said.

The top court directed the UPSC to move an application before it in the Prakash Singh case if the proposal is not timely submitted by the States. The bench was hearing a petition filed by the UPSC challenging a January 9 order of the Telangana High Court. The High Court had asked the Commission to complete the entire process of selection of DGP for Telangana, preferably within four weeks, as per the guidelines issued by the Supreme Court and by continuing the process initiated by the State.

During the hearing before the Supreme Court, the counsel appearing for the UPSC said there is a serious lapse on the part of the state of Telangana in not submitting the proposal within the time frame prescribed by the top court in the Prakash Singh case.

The Commission said the last regular DGP in Telangana was appointed in November 2015 and the officer retired in November 2017.

The bench noted the Commission’s concern that there is a serious omission on the part of states in not submitting a timely proposal for convening of the empanelment committee meeting, as a result of which various senior officers have either retired or have been overlooked or superseded.

“We hold without any hesitation that the UPSC should convene the empanelment committee meeting at the earliest and make a recommendation for appointment of DGP for the state of Telangana at the earliest,” the bench said.

It granted four more weeks to the Commission to do the needful.