Apex court: Can’t pick politically convenient DGPs
New Delhi
The Supreme Court on Tuesday restrained states and union territories from appointing a police officer “politically convenient” to them as Director General of Police (DGP) so as to avoid favouritism and nepotism in such high-level appointments.
A three-judge Bench headed by Chief Justice Dipak Misra directed all states and UTs to send names to the Union Public Service Commission (UPSC) three months before the DGP’s post was likely to fall vacant.
The UPSC would shortlist names of the DGPs and prepare a panel of three names and the state would choose one of the three names in the panel. There would not be any appointments of acting DGPs. Once appointed, a DGP will get two-year tenure irrespective of superannuation, said the top court.
Any rule or state law on the subject of appointment of police officers “will be kept at abeyance”, it said as the Centre pointed out that states were appointing their “favourite” police officers as DGPs. The verdict came almost 12 years after the Supreme Court issued a series of directions on police reforms on a PIL filed by former UP DGP Prakash Singh. It had ordered setting up of a state security commission to ensure that the government does not exercise unwarranted influence on the police and recommended fixed two-year tenure for DGPs and Police Superintendents.
The Bench, which also included Justice AM Khanwilkar and Justice DY Chandrachud, said endeavour should be to select an officer having reasonable period of service left for appointment as DGP. However, it said states which had made laws on police appointments were free to seek modification of its order.
The directions came on pleas, including that of the Centre, seeking modification of the September 2006 judgment in the Prakash Singh case. It was pointed out to the court that its order had not been implemented by states and UTs even after 12 years.







