Follow pre-posting procedures of DGP scrupulously: HC
Madras high court
on Thursday reiterated that pre-appointment procedures contemplated by Supreme Court, and the consequential orders of the Centre and Union Public Service Commission (UPSC) are to be scrupulously followed to maintain independence and transparency in the matter.
A division bench of Justice S M Subramaniam and Justice G Arul Murugan observed that empanelment of officers for appointment to the post is to be strictly done in consonance with the above directives. It was brought to the court's notice that a petition filed before the principal seat in Chennai seeking a similar prayer was dismissed as premature by the coordinate bench by an order dated Aug 4. "We concur with the said view taken by the coordinate bench at the principal seat in view of the fact that the appointment to the post of DGP is yet to be made," the judges observed.
In view of the state's submission that the process for appointment to the post is ongoing, the judges said no further interference is required in the petition at this juncture, and disposed of the public interest litigation filed by advocate K Yasar Arafath of Ramanathapuram district.
The petitioner stated that the present DGP, Shankar Jiwal, is set to retire on Aug 31. However, the govt has not taken any visible steps to initiate the mandatory process of empanelment of eligible IPS officers and forwarding the names to UPSC for preparation of a panel, as directed by Supreme Court.
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The petitioner said the govt has planned to keep the head of the police force as per its choice to get the support of the police department till the 2026 assembly election.
Hence, he moved court seeking a direction to the Centre and state govt to immediately initiate the empanelment process in accordance with the directions of Supreme Court in Prakash Singh v. Union of India judgment. The petitioner also sought a direction to restrain the home secretary from appointing any officer as in-charge or acting DGP or granting an extension to the present DGP without following due process.
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