DGP APPOINTMENT & UPSC

DGP APPOINTMENT & UPSC

Subject : Polity

Context : The appointment of Maharashtra’s director general of police will likely take a few more weeks if not months as the Union Public Service Commission (UPSC) has returned the government’s slate of names, asking it to add two more to the 12 already on it, and also send the annual confidential reports (ACR) of all.

Concept :

• Supreme Court had refrained State governments from appointing DGPs without first consulting the Union Public Service Commission (UPSC). It came up with the following guidelines:
• The State governments concerned have to send UPSC the names of the probables three months before the incumbent DGPs are to retire.
• The UPSC will prepare a panel of three officers fit to be DGP and send it back.
• The UPSC shall, as far as practicable, choose the people within the zone of consideration who have got a clear two years of service and must give due weightage to merit and seniority.
• The State, in turn, shall “immediately” appoint one of the persons shortlisted by the UPSC.
• On the practice of States appointing “Acting DGPs”, the court rejected the idea of acting or temporary DGPs, i.e.. States shall appoint a person as permanent DGP.
• The court also ruled that any rule or state law on the subject of appointment of police officers will be kept in suspension. However, the States, which have made laws on police appointments, can move to court seeking modifications of its order.
• The court had passed the series of directions on an application made by the Centre for modification of its judgement in Prakash Singh Case of 2006 for reforms and transparency in the State police forces.