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TMI Blog2019 (3) TMI 1916X X X X Extracts X X X X X X X X Extracts X X X X ..... mta, Snidha Mehra, Hemant Arya, B.V. Balaram Das, Gopal Singh, Manish Kumar, Keshav Mohan, Prashant Kumar, Rishi K. Awasthi, Santosh Kumar, M. Yogesh Kanna, S. Partha Sarathi, S. Raja Rajeshwaran, Prasanth P., M. Shoeb Alam, G.M. Kawoosa, Ujjwal Singh, Gautam Prabhakar, Mojahid Karim Khan, C.K. Sasi, Nayantara Roy, Abdulla Naseeh V.T., G. Prakash, Jishnu M.L., Priyanka Prakash, Beena Prakash, Leishangthem Roshmani Kh., Maibam Babina, Anupama Ngangom, Rachana Srivastava, Aviral Saxena, Umme Salma, Jayesh Gaurav, Gopal Prasad, Anil Grover, Satish Kumar, Sanjay Kumar Visen, Naresh Kaushik, Vardhman Kaushik, Siddhant Manral, Omung Raj Gupta, Rahul Sharma, Devik Singh, Rebbela Dais, Lalita Kaushik, V.N. Raghupathy, Parikshit P. Angadi, Manendra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J. I.A. No. 24616 OF 2019 1. On an earlier occasion, this Court had the occasion to deal with another application for clarification of this Court's order dated 3rd July, 2018 [i.e. I.A. No. 144172 of 2018] though in a different context. While passing the order on the said I.A. on 16.1.2019, this Court referring to the principles underlying the judgment of this Court in Prakash Singh and Ors. v. Union of India and Ors. (2006) 8 SCC 1 had specifically noticed the relevant directions issued Under Article 142 of the Constitution of India, which are in the following terms: Selection and minimum tenure of DGP. (2) The Director General of Police of the State shall be selected by the State Government from amongst the three senior most of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicants/petitioners for adequate clarification of the directions contained in the order dated 3rd July, 2018, (passed in I.A. No. 25307 of 2018 in Writ Petition No. 310 of 1996) which are extracted below. Specifically, the directions in Clauses (e) and (f) have been argued to be necessary to be clarified by this Court. (a) All the States shall send their proposals in anticipation of the vacancies to the Union Public Service Commission, well in time at least three months prior to the date of retirement of the incumbent on the post of Director General of Police; (b) The Union Public Service Commission shall prepare the panel as per the directions of this Court in the judgment in Prakash Singh's case (supra) and intimate to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the applicants/petitions is two-fold. To do away with the practice of States appointing the Director General of Police on the last date of the normal tenure of an incumbent "so as to ensure that such incumbents get extended term of two years in view of the directions of this Court contained in Prakash Singh (supra)" clarifications were issued by this Court by order dated 3rd July, 2018 in paragraph (e) and (f), quoted above. The said directions do not seem to have ended the controversy inasmuch as it is now the grievance of the applicants/petitioners that the Union Public Service Commission while empanelling officers for consideration for appointment to the post of Director General of Police is considering the minimum residual tenur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. In the above conspectus the object in issuing the directions in Prakash Singh (supra), in our considered view, can 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. 9. This will take care of any possible action on the part of the State Government which can be viewed by any quarter as an act of favouritism. Recommendations for appointment o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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