THIRUVANANTHAPURAM: The choice of candidates offered to the state government for appointment as state police chief could kickstart a legal debate over their tenure.
None of the three candidates shortlisted for the state police chief’s post have two full years of service left, as envisaged by the Supreme Court in its verdict in Prakash Singh versus Union of India case.
It is reliably learnt that as per the list finalized by the Union public service commission (UPSC), the officers include K Sudesh Kumar, B Sandhya and Anil Kant.
While Sandhya has one year and 11 months of service left before she retires, Kumar has one year and six months and Kant has just seven months remaining for retirement.
As all three candidates have less than two years for superannuation, if the chosen candidate superannuates before completion of two years, it would run into conflict with the Supreme Court’s decision in the Prakash Singh case, in which the court gave modification and clarification in 2018.
“An endeavour has to be made by all concerned to see that the person who was selected and appointed as the director general of police continues despite his date of superannuation.
However, the extended term beyond the date of superannuation should be a reasonable period.
We say so as it has been brought to our notice that some of the states have adopted a practice to appoint the director general of police on the last date of retirement as a consequence of which the person continues for two years after his date of superannuation.
Such a practice will not be in conformity with the spirit of the direction,” the court had said.
The court later clarified that only those officers with minimum six-month tenure left in their service should be considered for the post of state police chief.
Section 97 of Kerala Police Act, 2011, is not in conformity with the court’s judgment.
It says that the government shall ensure a minimum tenure of two years for police officers posted as state police chief, but this tenure shall not be applicable in cases of superannuation, promotion, reversion, suspension, leave, etc.
However, the Supreme Court’s three-member bench led by the then chief justice, while modifying Prakash Singh case verdict in 2018, also said that any legislation or rule framed by any state or the Centre running counter to the court’s direction shall remain in abeyance.
Being the first appointment of police chief in the state after the modification, it remains to be seen whether the state government offers a full two-year term for the new police chief by extension of service, or the police chief will have to demit office when they superannuate from the service.
“Several states had offered extension to the state police chiefs, citing the Prakash Singh case, allowing them to complete a full two-year term.
However, it is for the first time, the state is facing the situation since the court modified its verdict in 2018,” a senior police official said.
Onus on Kerala government to secure tenure of next police chief
