New Delhi: The Supreme Court on Wednesday held that recommendation for appointment to the post of Director General of Police in the States by the Union Public Service Commission and preparation of the panel would be purely on the basis of merit from officers who have a minimum residual tenure of six months before retirement.
A three-judge bench of Chief Justice Ranjan Gogoi and Justices L. Nageswara Rao and Sanjiv Khanna gave this direction on a batch of applications from petitioner Prakash Singh and several states which had appointed DGPs for a two-year period even on the last date of their retirement thereby affecting the promotional chances of several IPS officers.
The bench said that officers who have at least six months of service prior to the retirement only should be considered.
The bench said the objective of the earlier directions in this regard could best be achieved if the residual tenure of an officer i.e. remaining period of service till normal retirement is fixed on a reasonable basis, “which, in our considered view, should be a period of six months. It said that this would take care of any possible action on the part of the state government, which can be viewed as an act of favoritism.
Recommendations for appointment of the Director General of Police on the eve of retirement of the incumbent or of the Union PublicService Commission in embarking upon a course of action, which may have the effect of overlooking efficient and eligible officers, will stand obviated. by the above direction, which we had deemed to be fit and proper to issue.”...