DGP appointment: HC dismisses PIL
The Telangana High Court on Thursday dismissed a PIL that challenged the appointment of M. Mahender Reddy as the state’s Director General of Police (DGP).
Reddy was appointed as in-charge DGP on November 12, 2017, before being elevated as fullfledged DGP in April 2018. Challenging his permanent appointment, Vijay Gopal, a private employee from Secunderabad, filed a PIL complaining that the state government had flouted guidelines promulgated by the Supreme Court in the Prakash Singh case.
As per the apex court guidelines, a DGP should be selected by UPSC from amongst three seniormost officers of the department empanelled to hold the post. The petitioner submitted that instead of following it, the state government had come up with contradictory legislation.
Yakarapu Sheelu, counsel for the petitioner argued that the Telangana Police (selection and appointment of Director General of Police (head of police force) Act 2018 was itself being challenged and the appointment is contrary to the law laid down by the Supreme Court in the Prakash Singh case.
B.S. Prasad, advocate general, argued that the PIL was not maintainable on service-related issues. The division bench, comprising Chief Justice Satish Chandra Sharma and Justice N. Tukaramji, asked the petitioner’s counsel “how is he aggrieved by the appointment of the DGP. What is the public interest involved in it?”
Dismissing the PIL, the Chief Justice said “The Supreme Court as in the case of Duryodhan Sahu case has categorically stated that PILs on service matters are not maintainable. The Act under which the DGP is appointed is under the scrutiny of the apex court. Hence, this court is refraining itself from commenting on the Act framed by the Telangana government”.