The Supreme Court on Tuesday agreed to hear a public interest litigation alleging that the Odisha government is violating apex court directives by attempting to insert an ineligible junior officer into the candidate pool for the state’s top police post.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana scheduled the urgent hearing for Wednesday. The legal challenge comes ahead of an upcoming vacancy in the office of incumbent Director General of Police Y. B. Khurania, who is scheduled to demit office on August 16.
Allegations Of Procedural Violations
Senior advocate P. Chidambaram, representing the petitioner, informed the bench that state authorities have repeatedly altered candidate lists sent to the Union Public Service Commission. Odisha initially submitted a panel of candidates in April before withdrawing it. A subsequent list forwarded in May included three officers at the DGP rank and eight Additional Directors General of Police.
When the commission met on August 7, it declined to evaluate candidates below the rank of DGP. The state government then withdrew the submission and is reportedly attempting to quickly promote an ADGP to make the officer eligible for inclusion in a fresh panel. Chidambaram explained that the issue was brought through a public interest litigation because serving police officers would be hesitant to initiate legal proceedings against the state administration.
Supreme Court Framework For Police Appointments
Under the Supreme Court’s landmark 2006 verdict in the Prakash Singh case, state governments must select their police chief from a three-member panel prepared by the commission. Selection must be based on length of service, service record, and experience among the three most senior empanelled officers, with the selected candidate guaranteed a minimum two-year tenure regardless of superannuation dates.
Judicial Response And Commission Responsibility
Responding to the submissions, Chief Justice Kant noted that the commission is required under existing orders to notify the court in cases of non-compliance. He stated that the commission is fully aware of eligibility criteria and expected the body to act strictly in accordance with judicial directives should a non-compliant candidate list be submitted.
