Spelling out the correct legal position with regards to the appointment and tenure of the Haryana director general of police (DGP), the home department on Wednesday conveyed to its minister Anil Vij that as per Supreme Court directions the DGP should have a minimum and not maximum tenure of at least two years irrespective of his date of superannuation.
The department has also conveyed that a 2018 amendment in the Haryana Police Act stating that the DGP shall have tenure of not less than one year extendable to one more year irrespective of his date of superannuation was rejected by the apex court on January 16, 2019 since it was not in consonance with its directions. The SC had also ruled that any legislation or rule framed by any of the states or the central government running counter to the directions shall remain in abeyance to the aforesaid extent.
Vij on Tuesday had triggered a controversy by writing to additional chief secretary, home, to send a panel of officers to the Union Public Service Commission (UPSC) to be considered for the next DGP despite the fact that incumbent Manoj Yadava has over four years of service left.
While Yadava completed two years on February 20, the state government on January 7 had extended his tenure till further orders.
Doors of central posting open for Yadava
Top officials said that once the minimum tenure of two years comes to an end, the state government has the option of deciding whether or not to continue with the incumbent DGP. “In Yadava’s case, his tenure has already been extended beyond February 20 till further orders. However, the department will still put up the file before the government to take a fresh call on this since the Home Minister has expressed an opinion,’’ officials said.
Sources in the chief minister’s office said that chief minister, ML Khattar is unlikely to seek a replacement for Yadava, a 1988-batch officer handpicked by him for the top job. The officer had a 15-year stint with the Intelligence Bureau (IB) before he returned to his parent cadre.
However, since the appointments committee of the cabinet (ACC) of the Central government on February 11 approved the empanelment of Yadava along with 28 other IPS officers for holding DG rank or equivalent posts at the Centre, it has opened avenues of an assignment in the IB and central paramilitary forces for the officer and he may seek central deputation sometime later in the year.
‘Only CM authorized to take a call on DGP’s posting’
“As per the Rules of Business, the authority to appoint or transfer IPS officials vested with the chief minister. As per section 28 of Rules of Business, all proposals for appointment and posting of IAS, IPS and Class I officers have to be submitted to the chief minister before the issuance of orders,’’ said an official.
Officials said as far as the home minister’s observations on sending a fresh proposal to the UPSC, containing the names of eligible IPS officers for empanelment to the DGP rank, at least three months prior to the date of retirement of the incumbent DGP are concerned, such a measure is taken if an anticipated vacancy is arising due to the retirement.
