6 months of service can be considered for DGP

New Delhi, March 13 (IANS) The Supreme Court on Wednesday said that Indian Police Service (IPS) officers with a minimum of six months of service remaining before the date of their superannuation can be considered for appointment as Director Generals of Police (DGP).

A bench of Chief Justice Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjiv Khanna said the Union Public Service Commission (UPSC) would prepare the panel purely on the basis of merit from officers who have a minimum residual tenure of six months.

Pronouncing the judgment, Chief Justice Gogoi said: "We, therefore, clarify ... that recommendation for appointment to the post of DGP by the UPSC 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 service prior to retirement."

"We are of the view that what was emphasised in police reform case (known as Prakash Singh case) is a minimum tenure of two years for an incumbent once he is appointed as the Director General of Police," the court said.

The direction issued by this court, the judgment said, "neither contemplated the appointment of a DGP on the eve of his retirement nor the practice now adopted by the UPSC in making the empanelment, i.e. empanelling officers who have at least two years of tenure (remaining)".

The court said neither of the aforesaid practices "can further the direction of this court" in police reforms case or give "impetus to what court had in mind" that the appointment of DGP in the state should be "purely on the basis of merit and insulate (it) ... from all kinds of pulls and pressures".

The order came on an application contesting the practice of the UPSC preparing the panel of IPS officers with two years or more of service left for appointment as DGP in states, overlooking senior officers with excellent service record.

The court was told that the UPSC's decision was causing havoc and a number of senior officers were resigning in protest.

The UPSC, the court was told, was doing so citing an apex court order of July 3, 2018 which said that "as far as practicable" those considered for the poste should "have got two years of service. Merit and seniority should be given due weightage".

The court was told that competent senior police officers were not being considered for appointment as the head of the police force in states.

The Centre had left it to the court to spell out the "reasonable" remaining term before an IPS officer's superannuation to be considered for inclusion in the panel for appointment as DGP.