Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Indian Police Service-Appointment/Selection-Post of Director General and Inspector General of Police in West Bengal-Appointment of an officer challenged by another officer-Tribunal upholding the appointment but High Court quashing the same-On appeal, Held: There is neither any rule, nor guideline, nor practice in the State that only an incumbent in the post of DGP is eligible to the post of DG & IGP and the selection was made by credible mechanism-Hence appointment valid-Order of Tribunal restored. First respondent and second respondent are officers of the Indian Police Service cadre of 1966 batch. In the initial merit list, name of first respondent appeared at serial no.2 and of second respondent at serial no.6. Second respondent was working as Addl. DGP and was selected and empanelled for appointment as DGP. Few months later second respondent who was No. 1 in the Select List was considered along with three other existing DGPs for suitability to be appointed to the post of DG & IGP and was promoted and appointed by a composite order to officiate in the post of DG & IGP. His appointment was regularized by deleting the word "Officiate". First respondent who was holding the post of DG & CGHG challenged the appointment of second respondent as DG & IGP. He relied on Government of Karnataka v. C. Dinakar and Ors. and Vineet Narain and Ors. v. Union of India and Ors. cases. It was contended that the post of DG & IGP was a promotional post, its feeder category being cadre of DGP and that there was no "credible mechanism" for the comparative assessment of merit and selection to the post of Chief of Police. Tribunal dismissed the petition. However, High Court quashed the appointment of second respondent to the vacant post of DG & IGP. Hence the present appeal. Appellant-State Government contended that there is neither any rule, nor guideline, nor practice, by which the appointment for the post of DG & IGP in the State of West Bengal is treated as a promotional post from the feeder category of DGPs and that the post of DG & IGP should be held only by a person who already held the substantive post of DGP; that the judgment in Dinakar's case does not lay down as a general proposition of law of universal application that only an officer in the substantive cadre of DGP could be appointed as DG & IGP; and that High Court fell into error in assuming that a "credible mechanism" had not been established for selection of officers to superior posts and also in thinking that the circular dated 15.1.1999 does not apply to the selection of DG & IGP. First Respondent contended that DG & IGP being Police Chief of State, is superior to other DGPs in terms of legal and administrative duties and responsibilities, prestige, powers, status, honour and mere posting of an officer to the post of DG & IGP as compared to the previous post held, amounts to promotion, even if both the posts carry the same scale of pay; that deployment of an incumbent in such a post can go only by seniority; and that second respondent was not selected to the post by 'credible mechanism'. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2002 INSC 537 |
Petitioner | State Of West Bengal And Ors. |
Respondent | Manas Kumar Chakrabarti And Ors. |
SCR | [2002] Supp. (5) S.C.R. 72 |
Judgement Date | 2002-12-13 |
Case Number | 3335 |
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