 for the state and sought urgent hearing over the fact that no state government official was part of the empanelment committee of the UPSC.){kind=link}
The Supreme Court on Friday heard a plea of the West Bengal government over the appointment of the Director General of Police (DGP) for the state and sought urgent hearing over the fact that no state government official was part of the empanelment committee of the UPSC.
The bench of Chief Justice of India Justice N.V. Ramana, Justice Surya Kant and Justice Hima Kohli considered the matter upon urgent mentioning. CJI Ramana said he will consider when the matter will be taken up for hearing. The plea had sought directions necessary for the independent and proper administration of the police in the state of West Bengal.
The Bengal application stated that
“the Union Public Service Commission (UPSC) has categorically rejected the State of West Bengal’s prayer for inclusion of the Secretary (Home) / Home Secretary of the State Government, as one of the members of the Empanelment Committee for preparation of the panel for selection for appointment to the post of DGP (HoPF) of West Bengal.”
The State Government submitted that it was compelled to make this request as it is only fair and equitable that a representative of the State Government be included in the Empanelment Committee since the incumbent IPS officer holding the additional charge of DG&IGP (HoPF) is in the “zone of consideration” for selection as DGP of the State and therefore ipso facto cannot be a member of the Empanelment Committee.
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The state of West Bengal further submitted that the state is also deeply aggrieved with the composition of the Empanelment Committee inasmuch as it envisages the inclusion of nominees of the Union Government as members of the Committee.
The Mamata Banerjee government said including nominees of the Union Government encroaches upon the exclusive powers of the State Government under Entries 1 and 2 of List II of the Seventh Schedule to the Constitution, and runs contrary to the principles of federalism and is, therefore, ultra vires the Constitution of India.
Previously, West Bengal had contested the involvement of the UPSC in the appointment process of the DGP for the State in its interim application, where the court by its order dated January 16,2019 observed that the involvement of the UPSC in the selection process of the DGP ought not be interfered with till the final adjudication of the said two writ petitions.
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