The Supreme Court of India has issued a notice in response to a contempt petition related to the appointment of Anurag Gupta as the Director General of Police (DGP) in Jharkhand.
The court has sought replies from several officials involved in the controversial appointment process.
The hearing will take place in the first week of May.
Baboolal Marandi filed the contempt petition, challenging the recent appointments of several DGPs in Jharkhand, alleging that the state government violated Supreme Court directives regarding the DGP appointment process.
The petition specifically addresses the state’s bypassing of the Union Public Service Commission (UPSC) and the statutory procedure for the appointment of the DGP.
In a 2006 order, the Supreme Court clearly stated that the state government must appoint the DGP from a list of eligible officers promoted to the position, which the State Public Service Commission prepares.
The state government is to select the DGP from this list, and the appointment should follow the UPSC-recommended panel.
The court also stated that the DGP’s tenure should last for two years from the appointment date, regardless of the official’s retirement date, and the process must be based purely on merit, free from external influence.
However, Jharkhand’s government appointed Anurag Gupta as DGP without following this process, instead forming its own nomination committee and selecting him for the position.
This is seen as a violation of the Supreme Court’s established norms.
The bench, comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Vishwanathan, remarked that the government seemed to be taking the law into its own hands.
Furthermore, the court emphasized that the procedure for the DGP appointment should be strictly followed, as outlined in the guidelines set out in the 2006 ruling.
The hearing in the case will continue in May, and the court will review the government’s actions in the light of these observations.
In response to the controversy, the Jharkhand government has recently formulated new rules for DGP appointments, creating a nomination committee responsible for selecting the DGP.
This committee approved Anurag Gupta’s appointment as the permanent DGP.
Despite this, the petition claims that the government failed to adhere to the Supreme Court’s instructions, particularly regarding the UPSC process and the preparation of a recommended panel.
As the case continues, the Supreme Court’s verdict will likely have significant implications for the appointment processes of senior police officers across India.
The ruling will underscore the importance of following constitutional norms and judicial instructions in the selection of high-ranking officials like the DGP.
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