Hry yet to send officers’ panel to UPSC, waiting for SC clarification

AS PER SC, STATES SHOULD SEND THEIR LISTS AT LEAST 3 MONTHS PRIOR TO INCUMBENT DGP’S RETIREMENT; HARYANA DGP TO RETIRE ON SEPT 30

CHANDIGARH : The Haryana government is hoping to hear a clarification from the Supreme Court before sending a list of IPS officers to the Union Public Service Commission (UPSC) for shortlisting the next state police chief.

Incumbent director general of police (DGP) BS Sandhu retires from the service on September 30 and the government is yet to send a list of IPS officers to the commission.

The Supreme Court had on July 3 directed the state governments to send their proposals with regard to the appointment of the next DGP to the UPSC at least three months prior to the date of retirement of the incumbent DGP. The SC directions were reiteration of the 2006 Prakash Singh judgment on police reforms.

The apex court had ordered that the UPSC will prepare a panel of officers, communicate to the states and the state governments will immediately appoint one of the persons from the panel as the DGP.

The SC had also said that if a

state government has a grievance with regard to its July 3 order, it may approach the court for its modification.

“There are certain points in the court orders which need to be clarified,’’ said a state official. The state government, however, may not approach the apex court for a clarification but wait for Maharashtra, which appointed the new DGP two days before the SC order came,

to file an application before the apex court.

Prashant Bhushan, counsel for original petitioner Prakash Singh, during the July 30 hearing had also sought clarification from the court on one of the aspects of July 3 order – “that the persons are to be empanelled by the UPSC, as far as practicable, from amongst the people within the zone of consideration which have got clear two years of service. Merit and seniority should be given due weightage.” The SC subsequently allowed Bhushan to file an application for clarification.

The apex court in the Prakash Singh judgment had said the DGP shall be selected by the state government from among the three senior-most officers who have been empanelled for promotion to that rank by the UPSC on the basis of their length of service, very good record and range of experience for heading the police force.

And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation.