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A bench headed by CJI Dipak Misra on 3rd July last year, had obligated all states to send their proposals in anticipation of the vacancy to the UPSC well in time, that is, 3 months prior to the retirement of the incumbent, whereupon, the UPSC shall prepare the panel of the three senior most officers of the Department based on their length of service, very good record and range of experience for heading the police force, as stipulated by the Prakash Singh judgment (2006)
The Supreme Court on Wednesday declined to dilute its last year's directions in respect of the selection and the appointment of the DGPs at the behest of the states of West Bengal, Kerala, Bihar, Punjab and Haryana.
Finally, the panel so prepared is to be intimated to the state, which shall then immediately select and appoint one of the candidates empanelled. The Bench had also directed that any legislations/rules that may have been framed by the states which affect the 2006 judgment shall remain in abeyance, granting liberty to any state having an issue with these directions to approach the apex court in an application for amendment.
Senior Advocate Ranjit Kumar, on behalf of the state of Bihar, sought to draw the bench's attention to a 1999 notification issued by the Government of India requiring each state to form a committee to effect promotions to the post of the DGP.
The panel of IPS officers, from which the DGP is appointed, is now to be recommended not by the UPSC, as mandated by the top court, but by a committee comprising the Chief Secretary, Principal Secretary-Home Affairs and Justice and the outgoing DGP of the state.
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