HYDERABAD: A division bench of the Telangana High Court comprising Chief Justice Satish Chandra Sharma and Justice N Tukaramji dismissed the PIL filed by Vijay Gopal, a private firm employee from Secunderabad, questioning the appointment of the Telangana DGP M Mahender Reddy on the ground that the State ought to have selected the DGP from the three senior-most officers of the Department empanelled for promotion to that rank by the UPSC. Instead, he claimed, the Telangana government enacted legislation, The Telangana Police (Selection and Appointment of Director General of Police (Head of Police Force) Act, 2018, dated March 30, 2018, and appointed the DGP.
Counsel for the petitioner Y Sheelu informed the bench that the Act by the government in itself is under challenge and the appointment is against the law laid down by the Supreme Court in the Prakash Singh vs Union of India case.
Advocate General BS Prasad, appearing for the DGP, informed the bench that the appointment of the DGP is a service matter and as per the judgment of Supreme Court and the orders passed by the division bench of Telangana High Court, PILs and writs filed on service matters are not maintainable before the courts. After hearing both sides, the division bench clarified that the Supreme Court has categorically stated that PILs on service matters are not maintainable, the Act under which the DGP appointed is under the scrutiny of the Supreme Court. Hence, this bench is refraining itself from commenting on the Act framed by the State. The PIL is dismissed as not maintainable.
Cites SC order
The division bench clarified that the SC has categorically stated that PILs on service matters are not maintainable, the Act, under which the DGP appointed, is under the scrutiny of the Supreme Court