The Supreme Court Wednesday refused to entertain a plea challenging the Jharkhand government’s decision to appoint M V Rao (IPS:1987:JH) as the acting Director General of Police (DGP) saying a PIL cannot be accepted in a service matter.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian, dismissed the plea filed by a Jharkhand resident.
During the hearing, senior advocates Fali S Nariman and Neeraj Kishan Kaul, appearing for the Jharkhand government, said that it is proxy litigation and the court cannot interfere in the service matter under Article 32 jurisdiction.
Senior advocate R Venkataramani, appearing for the petitioner Prahlad Narayan Singh, said that he is a resident of the state and wants to know as to how was the incumbent DGP (Rao) appointed as acting DGP despite the verdict of top court in the Prakash Singh case (2006) on police reforms.
The bench told Venkataramani that it is not going to entertain this petition.
You have come to the Court with a public cause. A public cause seeking reforms in the police force cannot be a service matter. So, please do not equate yourself with the Prakash Singh case. We will not entertain this matter, it said.
Rao, an IPS officer of 1987 batch, was given the additional charge of DGP on March 16 after the then DGP Kamal Nayan Choubey was transferred as an officer on special duty (OSD) in the Police Modernisation Division Camp in New Delhi.
The plea has challenged the appointment of acting DGP alleging that the decision violates the top court’s orders regarding fixed tenure and seniority of state police chiefs.
Singh, who hails from Giridih district and claims to be a social activist, has alleged in his plea filed through advocate Sanchit Garga that he is aggrieved by the blatant violation and disregard of orders of the top court with regard to appointment of “in-charge DGP” in the state by the Jharkhand Mukti Morcha (JMM)-led government “to satisfy their political interest”.
The plea claimed that Rao, who stands fourth in seniority of Jharkhand-cadre IPS officers, was already holding charge of the Director General (Fire services and Home Guard).
It claimed that Choubey was transferred within 10 months of his appointment as the DGP “just to accommodate M V Rao, who is otherwise not eligible but a favourite of the JMM-led government”.
It alleged that Rao has been unlawfully appointed as in-charge DGP in gross violation of the directives and guidelines given by this court with regard to the appointment and tenure of DGP in every state.
The state’s action “clearly demonstrates that the removal of the earlier DGP (Chaubey)…is political and whimsical and a good officer has been made a victim of some political vendetta, the plea has alleged.
It has sought a direction to the Jharkhand government to end the interim arrangement and re-instate Chaubey in the post of DGP with immediate effect.
The plea has also sought a direction to the Centre, the Jharkhand government and the Union Public Service Commission (UPSC), to comply with the law laid down by the apex court in the Praksah Singh versus Union of India case of 2006.
The top court has passed a slew of directions on police reforms on a PIL of former Uttar Pradesh DGP Prakash Singh, fixing two-year tenure for police chiefs and restraining states from appointing acting DGPs. (Source : PTI)
