New Delhi, Aug 18 The Supreme Court on Tuesday deferred to September 2 the hearing on a PIL which alleged that the Odisha government was trying to include a junior officer in the list of probable candidates for the DGP post in breach of the apex court's directions in the 2006 Prakash Singh case.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana was informed by Solicitor General Tushar Mehta, appearing for the Odisha government, that the state has filed its response to the PIL.
The bench said that the reply of the state government was not on record. The CJI said that he would like to go through the reply of the state government. The bench then deferred the hearing on the plea to September 2.
Earlier, the top court had asked the Union Public Service Commission (UPSC) not to finalise till August 18 the names of probable officers for appointment of the Director General of Police of Odisha.
It was hearing the PIL which alleged that the state government was trying to include a junior officer in the list of probable candidates for the DGP post.
The incumbent DGP, Y B Khurania, was to demit office on August 16.
Senior advocate P Chidambaram, appearing for the petitioner, had told the bench that an officer of the rank of ADGP was promoted in Odisha.
The 2006 apex court verdict and subsequent directions in the Prakash Singh case had said the DGP of a state shall be "selected by the state government from amongst the three senior-most officers of the department who have been empanelled for promotion to that rank by the UPSC on the basis of their length of service, very good record and range of experience for heading the police force".
And, once a person has been selected for the job, they should have a minimum tenure of at least two years irrespective of the date of superannuation, it had said.
On August 11, the apex court had agreed to hear the plea.
Chidambaram had then told the bench that the Odisha government was attempting to include an ineligible officer in the panel to be sent to the UPSC.
The senior lawyer had said the UPSC was scheduled to meet on August 7 to consider a panel of three eligible DGP-level officers for the Odisha appointment, but the state withdrew the list of officers.
He had said the state was now attempting to promote an Additional Director General of Police (ADGP) and include the officer in the fresh panel.
The CJI had said that as per an earlier order, the UPSC is duty-bound to approach the court in case of non-compliance of the directions.
Chidambaram had said Odisha had initially sent a panel in April and subsequently withdrew it. A second panel sent in May comprised three DGPs and eight ADGPs.
He had said the matter was being raised through a Public Interest Litigation (PIL) because serving police officers awaiting appointment as DGP would ordinarily be reluctant to challenge the state government.
