New Delhi/Bhubaneswar: The Supreme Court on Tuesday deferred to September 2 the hearing on a public interest litigation (PIL) alleging that the Odisha government was attempting to include a junior officer in the panel of probable candidates for appointment as the state’s Director General of Police (DGP), allegedly in violation of the apex court’s directions in the 2006 Prakash Singh case.
A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was informed by Solicitor General Tushar Mehta, appearing for the Odisha government, that the state had filed its response to the PIL.
The bench, however, noted that the government’s reply was not on record. The Chief Justice said he wanted to examine the response before proceeding with the matter and accordingly adjourned the hearing to September 2.
The court had earlier directed the Union Public Service Commission (UPSC) not to finalise the names of probable candidates for appointment as Odisha DGP until August 18.
The PIL has alleged that the state government was seeking to include an officer who did not meet the eligibility criteria in the panel to be forwarded to the UPSC.
During the earlier hearing, senior advocate P Chidambaram, appearing for the petitioner, claimed that the Odisha government was attempting to promote an Additional Director General of Police (ADGP) and subsequently include the officer in the fresh panel of candidates for the DGP post.
According to the petitioner, the UPSC was scheduled to consider on August 7 a panel comprising three eligible DGP-rank officers for the Odisha appointment, but the state subsequently withdrew the list.
Chidambaram had also submitted that Odisha had initially forwarded a panel in April and later withdrew it. A second panel sent in May, he said, comprised three DGP-rank officers and eight ADGP-rank officers.
The petitioner has approached the Supreme Court contending that serving police officers awaiting appointment as DGP would ordinarily be reluctant to challenge the state government, necessitating the PIL.
The 2006 Supreme Court judgment in the Prakash Singh case, along with subsequent directions, provides that a state DGP should be selected by the state government from among the three senior-most officers who have been empanelled by the UPSC based on their length of service, very good record and range of experience in leading the police force.
The court had also directed that an officer appointed as DGP should have a minimum tenure of two years, irrespective of the date of superannuation.
The matter assumes significance as incumbent Odisha DGP Y B Khurania demitted office on August 16. Meanwhile, senior IPS officer Vinaytosh Mishra took additional charge of Odisha DGP on Sunday, following the retirement of incumbent Y B Khurania. Mishra, who was scheduled to retire in a few months from government service, will head the Odisha Police till the appointment of a regular DGP.
The CJI had earlier observed that, under the court’s previous directions, the UPSC was duty-bound to approach the Supreme Court in the event of non-compliance with its directions.
