Bombay High Court has reserved its order in the matter of appointment of DGP

The Bombay High Court Bench of Chief Justice Dipankar Datta and Justice MS Karnik has reserved its order in the matter pertaining to appointment of Director General of Police (DGP) in the State. 

The Court was hearing a petition filed by Datta Mane seeking direction to the government to appoint a permanent DGP as per the UPSC recommendation. Sitaram Kunte, the then Chief Secretary as part of the selection committee nominated three names - IPS officers Hemant Nagrale, Rajnish Seth and K Venkatesham - for the post of Maharashtra DGP. The post fell vacant following the transfer of Subodh Jaiswal to the CBI. However, a week later, he wrote a letter to UPSC stating that he has made a mistake in not considering  Acting State DGP Sanjay Pandey’s name for empanelment. 

According to sources, Advocate Abhinav Chandrachud, representing Mane submitted that Maharashtra government's delay in appointing the DGP in contrary to the Supreme Court decision in Prakash Singh case. He further submitted that according to the Apex Court decision the state DGP's post must be a permanent one and that there cannot be an acting DGP. The SC had also said the tenure of the DGP must be fixed.

On Tuesday's hearing, Advocate General Ashutosh Kumbhokoni submitted that Sanjay Pandey is the senior most candidate who has been mistakenly excluded left out of the recommendations. 

The Chief Justice asked Adv. Chandrachud to submit with reasons that the UPSC has to abide by only the three recommendations that has been sent. To this Chandrachud submitted that UPSC has to only choose from the three recommendations made. 

Further, Justice Karnik asked Chandrachud whether the UPSC has any option to reconsider the options in case of a glaring that has been made in sending recommendations. To this, Chandrachud replied that the State might come off as pushing a candidate if its allowed to send in another candidate. 

On Monday, the Bench had indicated that it was not proper on the part of the Chief Secretary to say the Commission had erred one week after signing the papers. 

The Court has reserved its verdict. 

Datta Shrirang Mane v. State of Maharashtra & Ors