The Supreme Court on Tuesday restrained the State governments from appointing Directors-General of Police without first consulting the Union Public Service Commission (UPSC).
The State government concerned has to send to the service commission the names of the probables three months before the incumbent DGP is to retire. The UPSC will prepare a list of three officers fit to be DGP and send it back. It shall, as far as practicable, choose the people who have got a clear two years of service and must give due weightage to merit and seniority. The State, in turn, shall ‘immediately’ appoint one of the persons shortlisted by the commission.
A Bench, led by Chief Justice Dipak Misra, passed the directions on an application by the Centre for modification of a September 22, 2006 judgment on a petition filed by former DGPs Prakash Singh and N.K. Singh for reforms in the police forces.
In 2006, the court passed seven directives, primarily to “ensure that State governments do not exercise unwarranted influence or pressure on the police.”
Role of UPSC
The Union Public Service Commission has been established under Article 315 of the Constitution of India. The Commission consists of a Chairman and ten Members. The terms and conditions of service of Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969. The Commission is serviced by a Secretariat headed by a Secretary with two Additional Secretaries, a number of Joint Secretaries, Deputy Secretaries and other supporting staff.
The Union Public Service Commission has been entrusted with the following duties and role under the Constitution:
Ø Recruitment to services & posts under the Union through conduct of competitive examinations;
Ø Recruitment to services & posts under the Central Government by Selection through Interviews;
Ø Advising on the suitability of officers for appointment on promotion as well as transfer-on deputation;
Ø Advising the Government on all matters relating to methods of Recruitment to various services and posts;
Ø Disciplinary cases relating to different civil services; and
Ø Miscellaneous matters relating to grant of extra ordinary pensions, reimbursement of legal expenses etc.
The major role played by the Commission is to select persons to man the various Central Civil Services and Posts and the Services common to the Union and States (viz. All-India Services).
Recruitment to Various Services and Posts
Under Article 320 of the Constitution of India, the Commission are, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts. Recruitment is made by one of the following three methods:
Ø Direct Recruitment;
Ø Promotion; and
Direct Recruitment is conducted broadly under the following two methods:
Ø Recruitment by competitive examination.
Ø Promotion; and Recruitment by selection through interview.
All India Services
The All India Services Act, 1951 and Rules and Regulations framed there under regulate the recruitment and conditions of service in respect of the All India Services viz. Indian Administrative Service, Indian Police Service and Indian Forest Service. As far as direct recruitment to the Indian Administrative Service and Indian Police Service Examination are concerned, it is done through the Civil Services Examination and for the Indian Forest Service through the Indian Forest Service Examination held by the Commission.
source : lakshmikanth and hindu news