Don’t abuse the process: SC on Bengal’s plea to bypass UPSC in appointing DGP


The Supreme Court on Friday criticised the West Bengal government for repeatedly filing applications seeking autonomy to select the Director General of Police (DGP).

In the present application, the state government contended that the Union Public Service Commission (UPSC) has neither the jurisdiction nor the expertise to consider and appoint the DGP of a state.

A bench headed by Justice L. Nageswara Rao told the West Bengal government counsel that it has been making repeated applications, containing the same prayers, despite the fact that similar applications were rejected earlier.

Senior advocate Sidharth Luthra, representing the West Bengal government, submitted that through this intervention application, the state seeks top court’s permission to appoint its own DGP without UPSC’s involvement.

The bench told Luthra, “We will be very frank. Don’t file repeated applications.”

Luthra said, “That is why I have come in amicus petition seeking impleadment”.

The bench said it will not permit and added that it is an abuse of the process and not expected from a state government.

The bench asked the state government to withdraw the petition.

The bench said: “We’ll allow you to withdraw this application and you may argue this point in the amicus. We have individuals who file petitions, if states also start doing this, how will we hear the matters?”

The top court allowed the state’s application for impleadment in the matter, which is regarding implementation of the directions in the Prakash Singh judgment by states. The top court will take up the matter in October.

The state government, in the application, contended that the Centre and states act within a well-defined sphere, coordinated, but at the same time independent of each other.

“The function of the UPSC is limited to providing consultation on the principles to be followed in the promotion and transfer and on the suitability of the candidates for such appointments and not to itself select the officers for a panel as directed by the Hon’ble Court”, said the state’s plea.