Punjab Government Seeks UPSC Approval for Committee Modification in DGP Selection Process
In a significant development regarding the appointment of a regular Director General of Police (DGP) for Punjab, the state government has formally requested the Union Public Service Commission (UPSC) to allow the Additional Chief Secretary (Home) to serve as a member of the empanelment committee. This request comes because the current acting DGP, Gaurav Yadav, cannot participate in the committee as he is one of the contenders for the top police position.
Official Communication and Supreme Court Context
The Punjab home department sent a letter to the UPSC on Thursday, outlining this request. This action follows recent Supreme Court proceedings on March 12, where the Court reprimanded several states, including Punjab, for failing to comply with its directives on DGP appointments. The Court had questioned why contempt proceedings should not be initiated against these states for not submitting panels of eligible officers to the UPSC.
The Supreme Court specifically dismissed Punjab's argument regarding the Punjab Police (Amendment) Bill 2023, which was passed by the state assembly and is currently awaiting the President's assent. This bill aimed to establish a state-controlled seven-member empanelment committee, bypassing the UPSC-mandated procedure ordered by the Supreme Court.
Background of Acting DGP Gaurav Yadav
Gaurav Yadav, a 1992-batch Indian Police Service (IPS) officer, was appointed as the acting DGP of Punjab in July 2022 by the Aam Aadmi Party (AAP) government, which came to power in March of that year. His appointment involved superseding several senior officers, and he has continued in the role since then. As a potential candidate for the permanent position, his inclusion in the empanelment committee would create a conflict of interest.
According to government sources, since Yadav will be both a contender and likely included in the panel Punjab submits to the UPSC, the state government has proposed that the Additional Chief Secretary (Home) join the empanelment committee alongside the Chief Secretary, who is already a state representative on the panel.
Composition and Function of the Empanelment Committee
The standard empanelment committee comprises:
- The UPSC Chairman or a member acting as Chairman
- The Union Home Secretary or a nominee not below the rank of Special Secretary
- The head of a central police organization nominated by the Ministry of Home Affairs, not from the same state cadre
- The Chief Secretary of the state government
- The incumbent DGP
This committee evaluates candidates based on seniority, experience, and service records from the panel submitted by the state government, selecting three individuals from whom the state government then chooses one for appointment as regular DGP.
Precedent from Tamil Nadu and UPSC Directives
Punjab's request finds precedent in a Supreme Court order from February 12, which permitted Tamil Nadu to replace its incumbent DGP with a senior officer of higher rank and status on the empanelment committee. Tamil Nadu faced a similar situation where its acting DGP was also a contender for the permanent position.
The UPSC had previously treated February 5 as the date of vacancy for the Punjab DGP position and wrote to the state government on February 18, requesting the panel of eligible officers within ten days. After receiving this communication, the Punjab home department instructed the DGP's office to prepare the list of eligible officers meeting the criteria.
When Punjab failed to submit the panel within the stipulated timeframe, the UPSC sent a reminder on March 5, urging the Chief Secretary to ensure compliance with the Supreme Court's February 5 directions, which criticized states for maintaining acting DGPs and instructed the UPSC to take action against such practices.
Implications and Next Steps
The latest correspondence indicates that Punjab is prepared to submit its panel of eligible officers promptly once the UPSC approves its request to include the Additional Chief Secretary (Home) in place of the incumbent DGP on the empanelment committee. This move aims to ensure fair representation and avoid conflicts of interest in the selection process for Punjab's next regular Director General of Police.
