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 proposal for appointment of DGPs in terms of the top court's directions in the Prakash Singh case
SC directs UPSC to report states delaying regular DGP appointments
A bench led by CJI Surya Kant grants UPSC four weeks to recommend a DGP for Telangana, where the top police post has lacked a regular appointee since 2017
The Supreme Court on Thursday (February 5) has taken serious note of the undue delay by several states in submitting proposals for the appointment of Directors General of Police. And authorised the Public Service Commission (UPSC) to report such instances directly to it.
Further, the apex court granted four weeks to the UPSC to convene a meeting and make recommendation for appointment of Director General of Police (DGP) for Telangana, where the last regular DPG 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 proposal for appointment of DGPs in terms of the top court's directions in the Prakash Singh case.
Prakash Singh case
In the Prakash Singh case which relates to police reforms, the apex court had laid down guidelines which mandates selection of DGPs from among three senior-most IPS officers empanelled by the UPSC and sets a fixed two-year tenure for them.
The UPSC told the bench that delay on the part of the state deprives meritorious and senior officers from being considered for appointment as DGP.
Also read: UPSC stalls Bengal DGP selection, state set to continue with acting police chief
The Commission said several states delay sending proposals for DGP appointments in total disregard of the apex court's directions and opt for an ad-hoc arrangement by appointing an acting DGP. The states prefer to appoint an acting DGP 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.
UPSC petition
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 apex court and by continuing the process initiated by the state.
During the hearing before the apex court, the counsel appearing for the UPSC said there is a serious lapse on the part of state of Telangana in not submitting the proposal within the time frame prescribed by the top court in 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 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 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.
(With inputs from agencies)