New Delhi/Bhubaneswar: The Supreme Court on Tuesday reserved its verdict on a plea concerning Odisha’s appointment process for the Director General of Police (DGP), after hearing arguments on the state government’s decision to create temporary DGP posts and expand the pool of eligible officers.
A three-judge bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana heard submissions from Solicitor General Tushar Mehta, appearing for Odisha, and Advocate General Pitambar Acharya, among others.
The court’s decision is expected after October 8, when it is scheduled to hear a similar matter relating to Jharkhand. The Odisha matter has come up before the apex court on eight occasions.
Mehta submitted that Odisha had approached the Centre in 2024 seeking approval for two temporary DGP posts, which was granted. He said the move was aimed at promoting two senior police officers who had completed 30 years of service and boosting the morale of the police force.
One of the officers was proposed to be elevated to DGP rank on August 16 following the retirement of an officer, while the second promotion was scheduled for November 30, he said, urging the court to consider the state’s decision in a positive light.
The bench, however, questioned the need for creating an ex-cadre post and adding more officers to the selection pool when the UPSC had already recommended three eligible cadre IPS officers in accordance with the guidelines laid down in the Prakash Singh case.
Mehta maintained that the state sought to provide a wider pool of eligible candidates and had acted in accordance with the parameters prescribed by the Ministry of Home Affairs and the Supreme Court’s guidelines.
The proceedings also focused on the role of the UPSC and compliance with transparency requirements in the DGP selection process.
On the withdrawal of the integrity certificate of IPS officer Susant Kumar Nath, Mehta submitted that vigilance clearance was required under the applicable service rules and said a future CBI angle could not be ruled out.
The dispute arose after the Odisha government did not select an officer from the panel of three senior cadre IPS officers recommended by the UPSC for appointment as DGP. The state subsequently created an ex-cadre post and forwarded a fresh list comprising eight names to the UPSC.
Defending the decision to send the names of two additional officers to the UPSC on August 10, Mehta said there were only three officers in the Level-16 pay matrix in Odisha at that point. If only three names were forwarded, the UPSC could send back the same names for consideration, he argued, adding that the issue was the suitability of candidates rather than merely the number of names.
Acharya referred to the Supreme Court’s order in the Telangana matter, submitting that the names of all eligible officers had been directed to be considered.
Justice Bagchi observed that the UPSC could consider the three Level-16 officers for the DGP post and that only in the event of a shortage of such officers could the state consider forwarding names of Level-15 officers.
The bench reserved its verdict.
