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Wednesday, Nov 17, 2010
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DGP appointment: panel of 3 names forwarded to State

J. Venkatesan

New Delhi: The Union Public Service Commission on Tuesday informed the Supreme Court that it had sent a panel of names of IPS officers to the Tamil Nadu government to enable the State select one of them as Director-General of Police.

UPSC counsel Bina Tamta gave this information before a Bench of Justice D.K. Jain and Justice H.L Dattu hearing a special leave petition filed by the Tamil Nadu government challenging the Madras High Court judgment quashing the appointment of Letika Saran as the State Director-General of Police.

By its October 8 judgment, the High Court had set aside Ms. Saran's appointment on the ground that the Supreme Court directions in Prakash Singh's case had not been followed and had asked the State to forward a panel of names of senior IPS officers to the UPSC, which would send a list of three officers to enable the State to appoint one person as the DGP.

On October 21, the court refused to pass any interim order and as a result the State government in compliance with the High Court direction sent a panel of five names to the UPSC.

During the resumed hearing on Tuesday when Justice Jain wanted to know from the UPSC counsel whether the list was sent by the State, counsel said the list was received by the UPSC. She said the Selection Committee meeting was held on November 10 and the minutes of the recommendations were sent to the State government.

Third in seniority

When Justice Jain wanted to know from senior counsel C. Aryama Sundaram the seniority of Ms. Saran, Mr. Sundaram said, “She is number three in the seniority.” Justice Jain said, “This will serve your purpose.”

Larger question

However, senior counsel Ashok Desai, appearing for the State, said a larger question was involved in the matter and the UPSC had also filed an application (which is pending before another Bench) seeking clarification that it was not in a position to do such an empanelment. Justice Jain told Mr. Desai, “The High Court has only said that you [State] have to implement the directions of the Supreme Court. As of today these directions are in force. Can we say that the Supreme Court directions are bad, you don't follow them?”

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