States can’t post acting DGPs: SC

TELLS STATES TO APPROACH THE UPSC 3 MONTHS BEFORE THE RETIREMENT OF THE INCUMBENT DGP WITH A PANEL OF NAMES

NEWDELHI: The Supreme Court on Tuesday held that the state governments cannot appoint acting police chiefs and made it mandatory for all the states to approach the UPSC three months before the retirement of the incumbent DGP for the selection of a new one. The direction came from a bench led by chief justice Dipak Misra, hearing a petition related to police reforms. The order was passed after the Centre complained that several states were misinterpreting top court’s 2006 verdict in the Prakash Singh Vs Union of India case that said a DGP should have a minimum tenure of two years.

Attorney general KK Venugopal said states had adopted a practice of appointing an acting DGP first and then regularise him when he is about to retire, giving him another two years term.

“The incumbent must retire at the age of 60,” noted the CJI. The court ordered three months before the retirement of incumbent DGP, the state shall approach the UPSC with its proposal of candidates. The UPSC will revert with three names, out of which one shall be appointed. The recommendation shall be based on the length of their service, record and a range of experience to head the police force.

Prashant Bhushan drew the court’s attention to the 2006 directives and said states were violating them by appointing acting DGP. He said that this is being done to see if the person so appointed is complying with the orders of the state government or not.