No mala fide exercise of power in DGP’s appointment: Govt to HC

CHANDIGARH: The Punjab government on Thursday said that there was no mala fide exercise of power in the appointment of Dinkar Gupta’s as director general of police (DGP).

Gupta’s appointment was quashed by the Central Administrative Tribunal (CAT), a decision stayed by the HC in January. Senior IPS officers Mohammad Mustafa and Siddharth Chattopadhyaya had challenged his appointment in the CAT. A 1987-batch IPS officer, Gupta had superseded five officers for the post on February 7, 2019.

During the resumed hearing on the appeals filed by the Punjab government and Gupta against the CAT order, Punjab’s counsel Aman Lekhi submitted that the DGPs — Mohammad Mustafa and Siddharth Chattopadhyaya

— who had challenged Gupta’s appointment in the tribunal, wanted the UPSC to act in a manner which Prakash Singh’s judgment does not permit. “If seniority was the only criterion, why other criterion was laid down… suitability is the key, not inter-se seniority,” Lekhi told the court.

Lekhi told the court that Prakash Singh (petitioner in the matter in which SC laid down guidelines on DGP appointment) wanted the state out of the selection process and that is what happened. Selections by the UPSC are made pan-India and not only in the case of Punjab. “They are alleging complicity of the state, officer and UPSC. It is taking mala fide to another level,” he told the court.

Referring to the allegations against former DGP Suresh Aroa, he said the decision to recommend some names was a collective decision of the UPSC committee and not of Arora alone.

Lekhi also questioned Chattopadhyaya’s claims of “fabrication” of record subsequent to the recommendation by the UPSC submitting that he twisted facts to his advantage and “does not deserve to be DGP….” However, the court said that it might not get into this issue.

The arguments will continue on March 17.

GUPTA’S APPOINTMENT WAS QUASHED BY THE CAT, A DECISION SUBSEQUENTLY STAYED BY THE HIGH COURT IN JANUARY