Supreme Court Allows Tamil Nadu To Substitute Acting DGP In UPSC DGP Selection Committee

The Supreme Court today allowed the State of Tamil Nadu to recommend another member's name in place of the acting DGP for representing the State in the UPSC DGP selection committee.

The Tamil Nadu government has filed the application mainly seeking directions for ensuring that the panel of officers prepared by the Empanelment Committee for the appointment of Director General of Police, Tamil Nadu, is in strict conformity with the Revised Guidelines issued through circular dated September 26, 2023 and the directions in the 2018 order in Prakash Singh v. Union of India.

The main contention of the state was that in the present selection committee, the representatives were the Chief Secretary and the acting DGP. The state has objected to having the present DGP for selecting the incoming DGP, as he also aspires to be considered for the selection. Thus another nomination has been sought. Sr Advocate P Wilson appeared for Tamil Nadu.

Senior Advocate Raju Ramchandran, the amicus curiae in the matter, supported this contention of the state, but objected to another contention raised that the person to be nominated has to have 10 years of experience strictly in any one criterion specified, alone. Ramchandran stressed that the experience has to be a cumulative one, where an officer can have a combined 10 years of experience in 4 different criteria instead of one.

Notably, under the 2023 Guidelines, Clause 6.1 of the guidelines stipulated the procedure to be observed by the Empanelment Committee wherein it was stipulated that only those officers assessed by the Committee as at least “Very Good” for each of the preceding 10 years shall be considered for inclusion in the Panel and the Committee shall also take into account the range of experience relevant for heading the Police Force.

The range of experience was to be assessed in the four core policing areas which were enumerated in the Annexure-I of the Amended Guidelines.

The bench noted that the acting DGP also wants to contest for the appointment as the regular DGP and is one of the eligible officers. Thus, he cannot be part of the selection committee.

Considering the same, the Court permitted the State Government to recommend a substitute name, mainly an officer who is higher in rank and status than the DGP within 1 week to the UPSC.

Upon receiving the substitute name, the UPSC shall make the panel recommendations within 2 weeks. The relevant part of the order reads:

“However it cannot be a reason to reduce the representation of the state of Tamil Nadu in the composition of the Selection Committee.

In other words, like any other state, Tamil Nadu too ought to have 2 members on the selection board, mainly the Chief Secretary and the other in place of the acting DGP.”

“We grant permission to the state of Tamil Nadu to nominate an officer, preferably a superior, higher in rank and Status than the DGP, like an Additional Chief Secretary, as a substitute member of the Selection Committee in the UPSC.”

“The state government is directed to submit a revised proposal within 1 week, the UPSC shall make the panel recommendations within 2 weeks therafter”

The State had sought the following reliefs :

a)Issue necessary directions for clarifying the intent and purport of Clause 6.1 of the UPSC Guidelines 2023 for the appointment as Director General of Police;

b) Clarify about the composition of the Empanelment Committee when the in-charge Director General of Police of the State Government is a candidate and in such circumstances, whether the State can suggest an alternate senior officer in the Empanelment committee consisting of following members:-

(i) Chairman or in his absence, Member, UPSC – President.

(ii) Home Secretary to Government of India or his nominee not below the rank of Special Secretary to Government of India.

(iii) Chief Secretary of the State Government concerned.

(iv) Director General of Police of the State Government concerned.

(v) An officer from amongst the head of CPOs / CPMFs not belonging to the cadre for which selection is being made, nominated by the Government of India, Ministry of Home Affairs.

c) Consequently direct the Empanelment Committee, Union Public Service Commission to constitute a fresh panel as per the directions issued in prayer (a) and (b) and to proceed with the selection of DGP in the State of Tamil Nadu