TMI Blog2019 (3) TMI 1916X X X X Extracts X X X X X X X X Extracts X X X X ..... mendation for appointment of officers who are on the verge of retirement or appointment of officers who have a minimum residual tenure of two years. The emphasis was to select the best and to ensure a minimum tenure of two years' service of such officer who is to be selected and appointed. The Police Acts enacted also do not contemplate any fixed residual tenure for an officer to be recommended for appointment as the Director General of Police of a State - Recommendations for appointment of the Director General of Police on the eve of retirement of the incumbent or of the Union Public Service Commission in embarking upon a course of action which may have the effect of overlooking efficient and eligible officers will stand obviated by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Shailja Anand Mishra, Milind Kumar, Siddhesh Kotwal, Bansuri Swaraj, Raghunatha Sethupathy, Gagan Narang, Arshiya Ghose, Swarupama Chaturvedi, Sumeer Sodhi, Amar Nandrajog, Ashish Tiwari, Surya Kamal Mishra, K.V. Jagdishvaran, G. Indira, Alemjungla, Shuvodeep Roy, Rijuk Sarkar, V.G. Pragasam, S. Prabu Ramasubramanian, S. Manuraj, Suhaan Mukerji, Astha Sharma, Amit Verma, Abhishek Manchanda, Dimple Nagpal, Advs., PLR Chambers and Co., Uttara Babbar, K. Enatoli Sema, Amit Kumar Singh, Hemantika Wahi, Jesal Wahi, Puja Singh, Vishakha, Aruna Mathur, Avneesh Arputham, Anuradha Arputham, Geetanjali, Advs., Arputham Aruna Co., Gopal Sankaranarayanan, Ashwini Kumar Upadhyay, Gayatri Verma, Merusagar Samantaray, Salvador Santosh Rebello, Leelesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... motion to that rank by the Union Public Service Commission on the basis of their length of service, very good record and range of experience for heading the police force. And, 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 DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties. 2. Thereafter this Court took ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt one of the persons from the panel prepared by the Union Public Service Commission; (d) None of the States shall ever conceive of the idea of appointing any person on the post of Director General of Police on acting basis for there is no concept of acting Director General of Police as per the decision in Prakash Singh's case (supra); (e) An endeavour has to be made by all concerned to see that the person who was selected and appointed as the Director General of Police continues despite his date of superannuation. However, the extended term beyond the date of superannuation should be a reasonable period. We say so as it has been brought to our notice that some of the States have adopted a practice to appoint the Director General ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo years. In the process, according to the applicant, many suitable and eligible officers are being left out. 6. Having read and considered the decision of this Court in Prakash Singh (supra) we are of the view that what was emphasized in Prakash Singh (supra) is a minimum tenure of two years for an incumbent once he is appointed as the Director General of Police. The direction issued by this Court neither contemplated the appointment of a Director General of Police on the eve of his retirement nor the practice now adopted by the Union Public Service Commission in making the empanelment, i.e. empanelling officers who have at least two years of tenure. 7. Neither of the aforesaid practice, in our considered view, can further the direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the eve of retirement of the incumbent or of the Union Public Service 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. 10. We, therefore, clarify the order of this Court dated 3rd July, 2018 passed in I.A. No. 25307 of 2018 in Writ Petition No. 310 of 1996 to mean that recommendation for appointment to the post of Director General of Police by the Union Public Service Commission and preparation of panel should be purely on the basis of merit from officers who have a minimum residual tenure of six months i.e. officers who have at least six months of service prior to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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