SC allows UPSC to remind states on DGP appointments; opposes acting DGPs
The top court, in its order passed today, stated that those accountable for the delay would face necessary consequences.
The Supreme Court of India on Thursday observed that state governments should send proposals to the Union Public Service Commission (UPSC) for the appointment of Director General of Police (DGP) without delay, Live Law reported.
According to the report, the Supreme Court, disapproving the trend of appointing ‘acting DGPs’ in several states, authorised the UPSC to send reminders to states to submit proposals for regular DGP appointments.
It added that in case of default by the states, the UPSC would be at liberty to initiate contempt proceedings.
Citing directions issued in the Prakash Singh case (2006), the report noted that the DGP of a state shall be selected by the state government from among the three senior-most officers of the department who have been empanelled for promotion to that rank by the UPSC.
Referring to another direction in the Prakash Singh case (2018), it added that states must submit their proposals three months prior to the retirement of the incumbent DGP. After submission, the UPSC should prepare a panel of names, from which the state must make the appointment.
The top court, in its order passed today, stated that those accountable for the delay would face necessary consequences.
"We fully endorse the concerns raised by the UPSC, consequently... in order to ensure that there is no violation of the directions in Prakash Singh Case, we hereby give authority to the UPSC to firstly write to the State Governments to send timely proposals for appointment of regular DGPs, whenever such occassion arises, and in the event the proposal is not timely submitted, we direct the UPSC to move an appropriate application before this Court in Prakash Singh's Case. It goes without saying that necessary consequences, including accountability for those responsible for the delay, will follow,” the court is quoted as observed.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi delivered the ruling while hearing a petition filed by the UPSC challenging the Telangana High Court’s directions to complete the DGP selection process within four weeks.
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