SC Impleads Interim/Acting DGP Neeraj Sinha As A Party In Contempt Case Over DGP’s Appointment

CASE NAME

Rajesh Kumar vs Sukhdev Singh & Anr

KEY TAKEAWAYS

• This matter was heard by the bench of CJI NV Ramana, Justice Surya Kant and Justice AS Bopanna.
• The petitioner Mr. Rajesh Kumar filed the case through Advocate Pranav Sachdeva.
• DGP shall be selected by the state government on the basis of seniority, rank by the UPSC, experience, records and length of the service.
• Once the DGP of the state is appointed he should serve for minimum tenure of two years.
• Before retiring from the post of DGP, a prior notice to be given to the concerned authority.

CASE BACKGROUND

• The first respondent (the state of Jharkhand) and the second respondent (the union public service commission) willfully disobeyed the judgements/order of hon’ble court.
• The state of Jharkhand appointed Mr. K N Chaubey as the DGP of Jharkhand, the new government took charge of the state and Mr. K N Chaubey was relieved from the post of DGP of Jharkhand before the tenure of two years.
• Mr. M V Rao was appointed as the acting DGP of state of Jharkhand.
• The state of Jharkhand requested the UPSC to prepare a panel for the selection of the appointment of DGP of Jharkhand. The UPSC declined the request of state multiple times stating that without any specific directions from the Hon’ble court the UPSC cannot accept the request of state of Jharkhand.
• The state of Jharkhand again deliberately and willfully disobeyed the judgement/order of the Hon’ble court by appointing Mr. Neeraj Sinha as the acting DGP of the state.

PROCEEDINGS OF THE CASE

• This case was heard by the bench of CJI NV Ramana, justice Surya Kant and Justice AS Bopanna.
• The Bench issued notice to the state of Jharkhand and the UPSC.
• As the new government took the charge, it removed Mr. KN Chaubey from the post of DGP of the state before the completion of two years of service in violation of the judgement/ order given by the Hon’ble court.
• The state appointed Mr. MV Rao as the acting DGP of the state on temporary basis which was again the violation of the judgement given in Prakash Singh case.
• The state again committed a willful, deliberate and gross contempt by appointing Mr. Neeraj Sinha as the acting DGP of the state.
• The state requested the UPSC to prepare a panel for the selection and appointment of regular DGP for the state but the UPSC denied.
• It was held that it was the duty of the UPSC to accept the applications of the state and to prepare a panel according to the judgement/ order of the Hon’ble court.

Hope you find the snippet informative.

1. What is the minimum tenure of the DGP once appointed?
2. The UPSC denied the request of state to set a panel for appointment of DGP on what grounds?