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The Supreme Court has today dismissed the plea filed by the West Bengal State Government over the appointment of Director General of Police challenging the Union Public Service Commission's notification mandating the appointment of DGP from a panel of 3 senior-most officers.

The bench of Justice L Nageswara Rao, Justice BR Gavai, and Justice BV Nagarathna noted that this is an abuse of the process of law by the state.

The plea has been filed challenging the 2018 notification passed by UPSC in a contempt petition filed in a PIL through which the court had directed the Central and the State Governments to comply with directions for appointment of DGP till appropriate legislation is in place.

However, while dismissing the plea the Court allowed West Bengal Government to be impleaded as a party in the main matter of Prakash Singh and Ors. Vs. Union of India.

The plea has submitted, "The Constitution of India does not vest UPSC with the power to assess the respective merit of the officers holding the rank of DGP in the state cadre for determining the fitness to be appointed as the DGP/Head of Police Force (HOPF) of the State, since it is the state government which can have the proximate opportunity to assess the fitness of officers of that rank who had rendered service to the state in the state cadre."

"The state government has the autonomy to select and appoint the DGP in the state without having to refer the names for empanelment to the UPSC, and to resultantly appoint the DGP from the panel prepared by the UPSC," the plea added.

Case Title: Prakash Singh and Ors. Vs. Union of India