NEW DELHI/BHUBANESWAR : The state DGP selection process landed in the Supreme Court, which on Tuesday agreed to ‘urgently’ hear a PIL alleging that the Odisha government was attempting to circumvent its order on the appointment of the head of the police force by including ineligible officers in the selection panel.
The petition claimed that the state was attempting to promote an additional director general of police (ADG) to the rank of DGP and then include the officer in the fresh panel sent to the Union Public Service Commission (UPSC).
The submissions were made by senior advocate P Chidambaram before the bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, which said the matter would come up for hearing on Wednesday. “We will list it tomorrow (Wednesday),” the bench said.
The bench was hearing the petition, which claimed that the incumbent DGP YB Khurania would demit office on August 16. It added that a 2006 verdict by the apex court, and its subsequent directions, had said the DGP of a state shall be “selected by the state government from amongst the three senior-most officers of the department who have been empanelled for promotion to that rank by the UPSC on the basis of their length of service, very good record and range of experience for heading the police force.”
“Once a person has been selected for the job, they should have a minimum tenure of at least two years irrespective of the date of superannuation, the orders had said,” the petition claimed. It then alleged that the Odisha government was “attempting to include an ineligible officer in the panel to be sent to the UPSC.”
The petitioner claimed that the UPSC was scheduled to meet on August 7 to consider a panel of three eligible DGP-level officers for the appointment, “but the state withdrew the list of officers.”
“The state of Odisha is breaching the Prakash Singh (passed by Supreme Court) judgment. On August 7, the UPSC was scheduled to meet to select from among the three DGPs. Odisha withdrew the list. They are now making another list to send. They are trying to promote an ADG, either today or last night, and then smuggle him into the list and get him considered,” the counsel said.
Chidambaram said the matter was being raised through a PIL because serving police officers awaiting appointment as DGP would ordinarily be reluctant to challenge the state government.
“This is a PIL. No serving officer will file a writ petition,” he said.
The bench noted the submission and said that, as per an earlier order, the UPSC was duty-bound to approach the court in case of non-compliance with its directions.
The top court said it would first expect the UPSC to ensure compliance with its directions. “They are well aware of who is eligible and who can be considered. If a panel of ineligible officers is being sent, we expect the UPSC to act in accordance with our directions,” the apex court said.
The state government had initially sent a list of three names including DG-ranked officers Sudhansu Sarangi (1990 batch), RP Koche and Susanta Nath (both 1993) in April but expanded it to 11 by adding eight ADG-ranked officers the next month.
On Monday, the government promoted two 1994 batch officers Sanjeeb Panda and YK Jethwa to the DG rank. (With inputs from PTI)