Supreme Court slams West Bengal Govt over repeated pleas to bypass UPSC on DGP appointment

The Supreme Court on Friday not only declined to entertain an application by West Bengal Government on Union Public Service Commission's (UPSC) role in state DGP appointment but also asked it to not abuse the process of law by submitting such appeals again and again. According to the top court, earlier also the state Government had filed such application which was also rejected. The Mamata Banerjee-led Government on Wednesday, September 1 had submitted the application claiming neither the jurisdiction nor the expertise has been considered in the appointment of the Director-General of Police (DGP) of a state. 

SC declines West Bengal Govt's application

Senior Advocate Siddharth Luthra, appearing for the West Bengal Government, sought permission to withdraw the application. In the petition filed before the top court, the state had said the central and state governments act within a well-defined sphere, coordinated, but at the same time independent of each other. The development comes two days after The TMC nominated a 1986-batch IPS officer as the state’s acting DGP, amid the tussle between the state and the UPSC over the selection of a new top cop. 

What Supreme Court said

The bench of Justices LN Rao, BR Gavai and BV Nagarathna, while allowing State to withdraw the application, asserted, "Mr Luthra, 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. ou only say that bail matters are not being listed?"

The West Bengal government in its application had stated that UPSC has limited roles and it could not be entrusted with the function of preparing the panel of officers for the appointment of DGP till Parliament makes a new law. However the court has agreed to hear the matter on October 21 saying the 2018 matter has not received focus since many years.

West Bengal acting Director General of Police (DGP)

The West Bengal government has appointed Manoj Malaviya, a 1986 batch IPS officer, as the state’s acting Director General of Police (DGP). The move had come amid an ongoing tussle between Chief Minister Mamata Banerjee and the Modi government over the selection of a new DGP. Manoj is the seniormost officer on the list of names suggested by the state government to the Centre was earlier DGP, Organization.