Key Points

After senior advocate Anjana Prakash Gupta mentioned the matter, Chief Justice of India (CJI) B.R. Gavai agreed to list it before a three-judge Bench next week.

The senior counsel said that DGP Gupta was continuing in office in violation of the apex court guidelines in the Prakash Singh vs Union of India case.

According to the judgment, the Union Public Service Commission (UPSC) is required to shortlist three eligible IPS officers with clean service records and sufficient residual service from a list submitted by the state. The state government must then appoint one of the shortlisted officers as the DGP, who must be given a minimum tenure of two years.

As per the plea, the Jharkhand government has appointed Gupta, whose name was not on the UPSC-recommended list.

Additionally, it introduced a new rule to appoint Gupta, who was set to retire on April 30, 2025 and granted him an extension until April 2026.

In a letter to the state government, the Union Home Ministry stated that Gupta, having turned 60 in April 2025, stands retired as per All India Services (AIS) rules and cannot continue in service.

The LoP in the Jharkhand Assembly and BJP state chief Babulal Marandi alleged that Gupta, a controversial officer, had previously been suspended for two years due to election-related irregularities. Marandi had moved a contempt plea before the Jharkhand High Court against Gupta’s appointment, citing violations of the apex court’s directive and UPSC guidelines regarding the selection process for the post of DGP.

In an order passed on June 16, the Jharkhand High Court granted another opportunity to the state government and other respondents to submit their responses. Earlier in July 2024, the Hemant Soren-led Jharkhand government had removed former DGP Ajay Kumar Singh before the completion of his two-year tenure. Ajay Kumar Singh was appointed DGP on February 14, 2023, and was due to serve until February 2025, but was removed prematurely.

- IANS