Dgp post mhc order
HC: pre-appointment procedures must be followed for DGP post
The requirement has been well-established by the Supreme Court, the guidelines issued by UPSC, and the single-window system, the court said.
The Madurai Bench of the Madras High Court on Thursday observed that pre-appointment procedures must be scrupulously followed to maintain independence and transparency in the appointment to the post of Director-General of Police (DGP) in Tamil Nadu.
A Division Bench of Justices S.M. Subramaniam and G. Arul Murugan said the requirement had been well-established by the Supreme Court, the subsequent guidelines issued by the Union Public Service Commission (UPSC), and the single-window system.
Empanelment of officers for appointment to the post of DGP was to be done strictly in consonance with these directives, the court said. The judges took into account the fact that a petition seeking a similar prayer was filed before the Principal Seat in Chennai, and the Coordinate Bench at the Principal Seat had dismissed the petition on the grounds that it was premature.
The judges concurred with the view of the Coordinate Bench at the Principal Seat, given the fact that the appointment to the post of DGP was yet to be made. However, they reiterated that the pre-appointment procedures were to be scrupulously followed to maintain independence and transparency in the matter of appointment to the post.
Additional Advocate-General M. Ajmal Khan, representing the State, submitted that the process for the appointment to the post was under way.
In view of the submission made by the Additional Advocate-General, the court said no further interference was required in the writ petition at this juncture, and disposed of the public interest litigation petition filed by K. Yasar Arafath of Paramakudi in Ramanathapuram district.
The petitioner had sought a direction to the Central and State governments to immediately initiate the process of empanelment of eligible IPS officers for the post of Tamil Nadu DGP, in accordance with the directions issued by the Supreme Court in Prakash Singh vs. Union of lndia. The incumbent DGP, Shankar Jiwal, is set to retire on August 31.
