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OFFICERS WITH RESIDUAL 6 MONTHS OF SERVICE TO BE CONSIDERED FOR BEING APPOINTED AS DGP: Supreme Court

Team SoOLEGAL 14 Mar 2019 11:57am

OFFICERS WITH RESIDUAL 6 MONTHS OF SERVICE TO BE CONSIDERED FOR BEING APPOINTED AS DGP: Supreme Court

Supreme Court, in 2018, had passed some directions on police reforms. By way of issuing directions, all the States and Union Territories were prohibited from appointing any police officer for the post of an Acting DGP. Such directions were issued for avoiding favoritism and nepotism in such high-level appointments.

The States were to send a list of senior police officers to Union Public Service Commission (UPSC) at least three months prior to the retirement of the incumbent. Following this, the Commission would be preparing a panel and intimating the States appointing one of the persons from the forwarded list. The appointment has to be from immediate effect.

A modification plea was filed by former Uttar Pradesh DGP Prakash Singh. In the plea, it was alleged that the directive dated 3rd July, 2018 was subject to being misused by the concerned State Governments. Senior officers were being completely ignored for being appointed as DGPs. The Supreme Court has passed the verdict on this modification plea.

The Supreme Court bench, headed by Chief Justice Ranjan Gogoi, held that the basis of recommendation for the post of DGP by Union Public Service Commission (UPSC) and preparation of the panel should be purely 'merit'. 

Two former DGPs Prakash Singh and N K Singh had filed a PIL in the year 2006 and the Apex Court had issued several directions which included setting up of a state security commission, to ensure the government does not exercise unwarranted influence on the police. Also, that the basis of appointment of high position officers like DGP etc. should purely be on merits and one of the mandatory requirement is that they should have a minimum fixed tenure of two years.
The Court, including the tenure of service, held that

"We, therefore, clarify the order of this Court dated 3rd July, 2018 passed in I.A. No.25307 of 2018 in Writ Petition No.310 of 1996 to mean that recommendation for appointment to the post of Director General of Police by the Union Public Service Commission and preparation of panel should be purely on the basis of merit from officers who have a minimum residual tenure of six months i.e. officers who have at least six months of service prior to the retirement."

Tagged: SupremeCourt   CJIRanjanGogoi   AppointmentOfDGP   PrakashSingh  
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