Vij seeks new DGP, stokes controversy
Writes to ACS (home) to send a panel of officers to the UPSC for the next DGP’s selection despite the incumbent already given extension by the govt on Jan 7
CHANDIGARH Haryana home minister Anil Vij has stoked yet another controversy by writing to additional chief secretary (ACS), home, to send a panel of officers to the Union Public Service Commission (UPSC) to be considered for the next Haryana director general of police (DGP) despite the fact that incumbent Manoj Yadava has over four years of service left.
“As Yadava assumed charge on February 21, 2019, he has completed his two-year tenure …,” Vij wrote. On the contrary, the state government on January 7 has already extended the tenure of Yadava till further orders. In fact, Vij as home minister had put his signatures on the file ordering the extension.
Note not in tune with SC directions: Ex-IPS officer
The home minister’s latest move is also not in line with the directions of the Supreme Court. The apex court in its 2006 orders in the Prakash Singh case had held that the DGP should have a minimum tenure of at least two years irrespective of his date of superannuation.
Former IPS officer Prakash Singh, the original petitioner in the matter which led to the landmark apex court judgment on police reforms, said that the Supreme Court has defined minimum and not maximum tenure for the DGP. An amendment in the Haryana Police Act in 2018 — the DGP shall have tenure of not less than one year extendable to one more year irrespective of his date of superannuation — was rejected by the Supreme Court on January 16, 2019, since it was not in consonance with its directions. The apex court in fact had dismissed a bunch of interlocutory applications filed by Haryana, Punjab and three other states, seeking exemption for their respective Police Acts from the operation of SC’s July 3, 2018, order and permission to appoint
the DGPs in accordance with their respective police laws.
The apex court had also ruled in its 2006 orders that any legislation or rule framed by any of the states or the central government running counter to the direction shall remain in abeyance to the aforesaid extent.
Vij, who did not respond to messages for a comment, seems to have misinterpreted SC orders. He told television channels on Tuesday that the SC had directed that DGP could have a tenure of two years. “Since his two years have been completed, that’s why I have written the note,’’ he said. Quoting apex court directions, legal experts said that the DGP can only be relieved of his responsibilities by the state government in consultation with the State Security Commission if any action has been taken against him under the All-India Services (Discipline and Appeal) rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties.
Opposition leaders slam minister
Reacting to Vij’s move, former minister Karan Dalal said this reflected poorly on the aptitude of the minister. “It is an abnormal way to function. If disciplinary action has been initiated against the DGP, then one should consider replacing him. But Yadava should be appreciated and commended for maintaining sanity in the police department despite a loose cannon minister. The truth is that a conflict is going on between Vij and the chief minister. But it is the officers who are suffering,’’ Dalal said. Congress MLA Neeraj Sharma said Vij is known for his impulsiveness. “Instead of raking up frivolous matters, he should pay attention to the performance of his departments. All his portfolios are in a shambles,’’ he said.