Punjab empowers itself to appoint DGP

Jupinderjit Singh

Chandigarh, June 20

The Assembly today passed the Punjab Police Rules Amendment Bill (2023) that empowers the government to appoint the Director General of Police (head of the state force) instead of involving the Union Public Service Commission (UPSC) as was laid down by the Supreme Court in July 2018.

The new criteria

• A six-member empanelment committee will be formed. Its chairman will be a retired Chief Justice of the Punjab and Haryana High Court
• The other members will be the Chief Secretary, a nominee of the UPSC, the Chairman or nominee of the Punjab Public Service Commission, the Administrative Secretary, Department of Home Affairs and Justice, Punjab, and a retired DGP
• The committee will prepare a panel of three seniormost officers. The government will appoint the DGP from among the shortlisted

The DGP – shortlisted through an empanelment committee – will have a fixed tenure of two years but if he is relieved early due to specified reasons, the state can give the additional charge to another officer. With no time limit for the additional charge, the government holds the power to appoint officer of his choice on the post.

The Bill was passed amid the Opposition by the Shiromani Akali Dal (SAD) while the Congress MLAs were not present in the House as they had walked out earlier. SAD legislature party head Manpreet Singh Ayali said they opposed the amendment as the government wanted to keep its favourite officer as the DGP instead of merit and following the laid down procedure by the Supreme Court.

However, former DGP Prakash Singh, who worked for the police reforms and had moved the Supreme Court seeking fixed tenure for officers, said the government was empowered to bring its own law regarding the selection and posting of the DGP.

In response to a query by The Tribune, the former DGP said, “The Supreme Court had, in its order on the selection of the DGP, said the state government could enact its own law but till then they have to involve the UPSC in the process by sending it a panel of eligible officers.”

The details of the amendment Bill reveal that it was similar to the earlier process of shortlisting the eligible officers by an empanelment committee of experts by the UPSC.

The committee will consist of six members. The chairman will be a retired Chief Justice of the Punjab and Haryana High Court. The other members will be the Chief Secretary, a nominee of the UPSC, the Chairman or nominee of the Punjab Public Service Commission, the Administrative Secretary, Department of Home Affairs and Justice, Punjab, and a retired DGP.

The committee will prepare a panel of three seniormost officers of the pool of eligible officers based on the criteria length of service, good record, range of experience and merit. Further, the government will appoint the DGP from the three shortlisted officers.

The DGP will have a fixed tenure of two years, irrespective of his date of superannuation. However, he can be relieved earlier if there is an initiation of any action against him or her under the All-India Services (Discipline and Appeal rules, 1969) or conviction in a criminal case/framing of charges in a corruption case.

He can also be removed due to incapacitation by physical or mental illness or otherwise becoming unable to discharge his or her functions as the DGP.

The catch is that if the incumbent is relieved, the state government may give additional charge of the post to any officer having the rank of the DGP.

No time limit has been specified for the period of additional charge. The Bill says the additional charge can be “till the government appoints a new head through the empanelment committee.”