New DGP: Hry sets ball rolling

Eleven ADGP-rank IPS officers in the zone of consideration

CHANDIGARH: The Haryana government has set in motion the process to select the next head of the state police force. The tenure of the incumbent director general of police (DGP), PK Agrawal, comes to an end on August 15. The state home department has sought dossiers, including performance appraisal reports (PARs) and vigilance clearance, of all Haryana cadre IPS officers who are not below the rank of the additional director general and have completed at least 30 years of service as on the date of the occurrence of the vacancy for preparing a proposal. These officers will fall in the zone of consideration.

The proposal will be sent to the Union Public Service Commission (UPSC) which will prepare a panel of three officers and communicate it to the state government. The state government will then select the next DGP from among the three shortlisted officers.

Names of 11 IPS officers will be sent to UPSC

There are 11 eligible IPS officers whose name will figure in the proposal conveyed to the UPSC. They are 1988 batch IPS officer and former DGP Manoj Yadava, two 1989 batch officers — Muhammad Akil and RC Mishra, two 1990 batch officers — Shatrujeet Kapur and Desh Raj Singh, two 1991 batch officers — Alok Kumar Roy and SK Jain, two 1992 batch officers — OP Singh and Ajay Singhal and two 1993 batch officers — Alok Mittal and AS Chawla. Strictly going by the seniority, the top three — Manoj Yadava, Muhammad Akil and RC Mishra — among the 11 could make the cut.

Though Manoj Yadava, who remained the DGP from 2019 to 2021 and is presently on a central assignment as the DG (investigation), National Human Rights Commission, is unlikely to return to his parent cadre, the state government will have to send his name in the proposal to the UPSC.

MHA: Consent of officer not required for empanelment as DGP

The Union ministry of home affairs (MHA) had in January clarified before an apex court bench headed by Chief Justice of India DY Chandrachud that the consent of an officer is not required for the purpose of empanelment as the DGP of a state. The MHA’s response came during the hearing of an interlocutory application filed by the Nagaland government seeking a direction to the UPSC to strictly comply with the mandate in Prakash Singh judgement and to include the name of IPS officer A Sunil Acharya in the panel of eligible officers.

The SC said during the course of the deliberations before the UPSC, it has emerged that Nagaland cadre officer Acharya who is presently on deputation to the Union government had not consented to being considered for appointment to the post of the Nagaland DGP. The SC on January 9 had asked the MHA to file an affidavit on whether concurrence of an officer is necessary for empanelling him/her for appointment as the DGP where the officer is on Central deputation and whether the services of Acharya were required due to the exigencies of service on Central deputation or whether he can be empanelled for the post of the Nagaland DGP in view of the fact that a sufficient number of eligible officers are not available for empanelment.

The MHA clarified the position stating that the consent of the officer is not required for the purpose of empanelment as the DGP of a state but since Acharya is on central deputation, posted as the additional secretary in the cabinet secretariat, having regard to the nature of the posting it would not be possible to relieve him for the appointment as the DGP.

“The MHA can make a similar contention before the UPSC in case of Manoj Yadava. That would mean that Muhammad Akil, RC Mishra and Shatrujeet Kapur will then make it to the panel of three,” said an official familiar with the process.

SC’s criteria for selecting DGP

The Supreme Court had said a DGP would be selected by the state government from three senior-most officers of the department, who have been empanelled for promotion to that rank by the UPSC on the basis of their length of service, good record and range of experience for heading the police force. Once selected for the job, the DGP will have a minimum tenure of at least two years, irrespective of his date of superannuation, the SC had ruled.

The SC had in March 2019 clarified that the recommendation for the appointment to the post of the head of the police force by the UPSC and preparation of a panel should be purely on the basis of merit, and of officers who have at least six months of service prior to their retirement.

The top court had on July 3, 2018, 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.