Will Delhi HC Rule on UPSC's Challenge to CAT Order Regarding Bengal's DGP Appointment?
Synopsis
Key Takeaways
Kolkata, Feb 3 (NationPress) The Delhi High Court is set to deliberate on Tuesday over the Union Public Service Commission's application contesting the Central Administrative Tribunal's ruling that instructed the Mamata Banerjee administration to finalize the recruitment of a new Director General of Police (DGP) by January 31.
Amid ongoing legal disputes, the state government had appointed Peeyush Pandey as the interim successor to Rajeev Kumar, but Pandey holds the position of acting DGP rather than a permanent one.
The proceedings at the Delhi High Court are garnering significant attention, as the court's decision will influence whether West Bengal will proceed to the essential Assembly elections later this year with an acting or officially appointed DGP.
On January 21, the CAT instructed the West Bengal government to submit proposals to the UPSC for empanelment by January 23 to appoint a new DGP, aiming for the completion of this process by January 31.
In response, the state government provided the names of eight serving Indian Police Service (IPS) officers to the UPSC for consideration last week.
This list included Rajeev Kumar, for whom the state has requested an extension of service to allow him to assume the DGP role.
Despite a perception that the appointment process was stabilizing, complications arose when the UPSC challenged the CAT's ruling.
As per established protocol, the state government must submit a list of serving IPS officers for DGP appointment, with the UPSC granting final approval from this list.
However, controversy ensued after the UPSC returned the names of IPS officers recommended by the West Bengal government for the DGP selection.
Nand Kishor Kumar, the Director (All India Service) of the UPSC, advised the West Bengal Chief Secretary, Nandini Chakraborty, to seek necessary permissions from the Supreme Court for Rajeev Kumar's successor's appointment.
The roots of this complication trace back to the retirement of Rajeev Kumar's predecessor, Manoj Malviya, who vacated the DGP post in December 2023.
Instead of presenting a panel of three IPS officers to the UPSC for Malviya's succession, the state government opted to appoint Rajeev Kumar as the Acting DGP.
While the state has recently submitted the recommended panel of IPS officers for his successor, the UPSC declined their acceptance, citing a Supreme Court ruling from July 2018. This ruling mandates that a state government must forward a recommended panel of IPS officers for DGP appointment at least three months prior to the retirement of the current DGP, a procedure that was overlooked.
Thus, according to this stipulation, the West Bengal government should have sent the recommended panel in September 2023, three months before Rajeev Kumar's predecessor, Manoj Malviya, retired in December 2023.