DGP Appointment and Declaration
Context
Recently in Jammu and Kashmir the governor administered the post of director general of Jammu and Kashmir SP Ved was removed from his post. The principal secretary (home ministry) of the government in a brief order issued in midnight said that in the interest of 'administration' the Vedas Has been transferred and posted as Transport Commissioner. Meanwhile, 1987 batch IPS officer Dilbagh Singh, who was handling the jail, was asked to take charge of DGP post till regular arrangements were made. Actually, the Government has not given any specific reason to suddenly withdraw the police chief who took over from December 31, 2016. Due to which DGP appointment and post abolition became a major topic of discussion.
Related key guidelines
- The governor of Jammu and Kashmir, through the Chief Secretary, has demanded "amendment" in the order of the Supreme Court, which, by the State Governments, prescribes broad guidelines regarding the appointment of the Director General of Police and the termination of exile. The direction given in the recent hearings related to the emancipation of the Vedas, is also reflected in the appointment of DGP and post abolishment.
- In its decision in the 2006 case of Prakash Singh Vs. Union of India (filed in 1996), the Supreme Court had set guidelines for appointment and removal of DGP.
- In addition, in July 2018, the Supreme Court passed another order to further further the guidelines for the appointment of the DGP by states, which stated that there is no concept of an acting DGP.
Process of appointment
- The State Inspector General of Police will be selected by the State Government from three senior officers of the department who are listed by the Union Public Service Commission for promotion on that rank on the basis of their service, and it is necessary that the police force The person concerned has a good record and experience to lead.
- Once he has been selected for the post, his minimum tenure will be for at least two years, despite the date of retirement.
Termination / Removal
- DGP can be discharged from his post under the terms of the All India Services (Discipline and Appeal) by the State Government in consultation with State Security Commission under the following conditions -
के In case of crime or corruption and verification of this act by the court on the basis of.
♦ If he is unable to discharge his duties. - In the order of the year 2018, the Supreme Court had said that all the States, Union Public Service Commission (UPSC) will send their proposals regarding the vacancies for at least three months before the date of retirement of the DGP on the post of DGP.
- The cases of UPSC Prakash Singh will be prepared in accordance with the instructions given by the court and will inform the set.
- The State will appoint one of the persons included in the panels made by UPSC immediately.
- According to the Supreme Court's decision in the case of Prakash Singh, no state will imagine the idea of appointing any person in the post of DGP as a caretaker, as per the decision, there is no concept of the executive director general of the police.
Current context
- A day after the removal of Vedas from the DGP post and deploying Dilbagh Singh as the acting DGP, the Jammu and Kashmir Governor's administration has said that this decision was taken "due to some emerging circumstances".
- The petition filed by the Jammu and Kashmir government in the Supreme Court has said that there was a mandatory decision to remove the existing DGP and appoint a DGP in charge to maintain control over the situation.
- However, there was an urgent need to maintain control over what situation in the petition and what emerging conditions were due to which such decision was made mandatory has not been explained clearly.
- Regarding interim appointment, the government says that in view of the forthcoming Panchayat and local body elections, rebels and terror activities, law and order and the complex security concerns of the state, it is necessary that the Chief of the Police force every time in Jammu and Kashmir Keep up
- Keeping in view the entire episode in this way, DG Dilbag Singh of the Jail Department has been appointed as the DGP in-charge as an interim measure.
- It is noteworthy that after this, the state government has presented a panel of five officials to UPSC, including: D. R. Dule, Navin Agarwal, V.K. Singh, Shiv Murari Sahai and Dilbagh Singh.
- The governor of Jammu and Kashmir has not filed any such case against the Vedas so that he could be removed from his post.
- Before removing them, the government had appointed additional director-general to look after the law and order.
- Dilbagh Singh has worked on various positions of the State Police, but his experience in police response in the valley is limited.
- Apart from this, in the year 1998, when he was working as an Additional DIG in Anantnag, he was suspended while blaming him in a high level investigation of the police recruitment scam.
Conclusion
- From the above mentioned episode it appears that the immediate appointment of the DGP is the result of the political will as no concrete argument has been given to this immediate appointment by the J & K regime. It is well known that terrorist activities for the State of Jammu and Kashmir are not new.
- However, the second aspect of this decision may be that a new initiative has been taken by the state government to overcome the situation, the result of which is yet to come.
- However, it should be noted that the dignity of a key post such as DGP has no harm to these appointments, and the final purpose of such appointments is public, not a political dispute or intent.
Source: The Indian Express
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