SC allows Haryana, Punjab DGPs to continue till Jan 31
1-MONTH EXTENSION Both states had sought apex court’s permission to appoint their DGPs as per their police laws
CHANDIGARH: The Supreme Court on Wednesday granted a one-month extension to Haryana and Punjab director generals of police (DGPs), BS Sandhu and Suresh Arora, respectively. Both Sandhu and Arora were given three-month extension following their retirement on September 30. The extended tenure was to end on December 31. The SC bench ordered: “The present arrangement with regard to the post of DGP may be continued in the two states until January 31, 2019.”
CHANDIGARH: The Supreme Court on Wednesday granted a onemonth extension to Haryana and Punjab director generals of police (DGPs), BS Sandhu and Suresh Arora, respectively.
Both Sandhu and Arora were given three-month extension following their retirement on September 30. The extended tenure was to end on December 31.
Taking up interlocutory applications filed by Haryana and Punjab, a three-member bench headed by chief justice Ranjan Gogoi ordered: “The present arrangement with regard to the post of Director General of Police may be continued in the two states until January 31, 2019.” The court listed the matter to January 8.
The Supreme court had on July 3 ordered that the DGP shall be selected by the state government from among the three senior-most officers empanelled for promotion to that rank by the Union Public Service Commission (UPSC) on the basis of their length of service, very good record and range of experience for heading the police force. 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, the apex court said.
The SC had said that state governments should send proposals with regard to appointment of the next DGP to the UPSC at least three months prior to the date of retirement of the incumbent.
“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. And if the state government has a grievance with regard to its July 3 order, it may approach the apex court for its modification,” the SC ruling had said.
“Any legislation or rule framed by states or the central government running counter to the SC direction shall remain in abeyance to the aforesaid extent,” it added
However, Haryana and Punjab governments instead sought three-month extension for the DGPs from the central government.
The Appointments Committee of the Cabinet (ACC) granted the extensions in service after relaxing Section 16 (1) of the All India Service (death cum retirement benefit) Rules.
With the extended tenures coming to an end in December, both the states approached the apex court seeking exemption for their respective Police Acts from the operation of the July 3 order and permission to appoint the DGPs in accordance with their respective police laws. While the Punjab government has already made an amendment in the Punjab Police Act to introduce a procedure to appoint the DGP, the Haryana government plans to bring an ordinance to have a procedure in place for appointing the state police chief.
TWO DGPs WERE EARLIER GIVEN 3-MONTH EXTENSION AFTER THEIR RETIREMENT ON SEPT 30. THE EXTENDED TENURE WAS TO END ON DECEMBER 31