In order to tighten its noose around the state governments committing delays in sending proposals for the empanelment process of DGP, the Union Public Service Commission (UPSC) has revised its rules, making it mandatory for them to get the consent of the Supreme Court for any delay in submitting the list of officers to the UPSC for empanelment to appoint a DGP.
According to the Supreme Court ruling, states are supposed to send their proposals in anticipation of the vacancies to the UPSC at least three months prior to the date of retirement of the incumbent on the post of DGP. But a growing number of states prefer to appoint acting DGPs instead of sending proposals for empanelment to the UPSC despite the apex court’s guidelines issued in Prakash Singh’s case in 2006.
Many states delay the process of sending proposals for shortlisting the names for appointment of regular DGPs, following which the UPSC sought legal opinion in the matter.
The Attorney General of India (AGI) opined that the delay by the state government in forwarding names for empanelment was “excessive.”
The AGI advised that the state government should have first come to the Supreme Court in case of any difficulty and seek leave or clarification from the Supreme Court.
It was after the AGI’s advice that the UPSC amended its earlier orders, saying the states shall now seek leave or clarification from the Supreme Court for delayed submission except for death, resignation, or premature relieving of DGP in accordance with the apex court judgment.
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