New rules pave way for full-time DGP in UP, spark political row

LUCKNOW The state cabinet’s approval to the new rules for the appointment of a state police chief for a minimum tenure of two years has paved way for UP to have a permanent DGP after gap of over 30 months.
Four consecutive acting DGPs were posted after the removal of 1987 batch IPS officer Mukul Goel on May 11, 2022, much before his superannuation in February 2024, following allegations of inaction and lack of interest in work. His removal sparked differences between the state and the commission over the posting of DGP in UP.
Former UP DGP Prakash Singh, who retired in January 1996, said the new rules are likely to ensure a full-time DGP for UP Police for a minimum two years. The new rules are apparently in compliance of the landmark verdict on a public interest litigation (PIL) in 2006, in which the Supreme Court gave specific directions to the central and state governments to carry out structural changes in the police with a view to insulating it from extraneous pressures and making it accountable to the people.
“It is up to the apex court to review the new rules to see whether all points mentioned by the court earlier are complied with. The new rule seems to be an apparent move to bring back authority to the state for appointment to the coveted post and dilute the role of Union Public Service Commission (UPSC),” he added.
Singh said 17 states have made their Act for structural changes in the police as well as the DGP’s appointment.
“So far, the state government sends the list of senior-most IPS officers (with minimum service period of six months left) to the union home ministry and different stakeholders, including the Union Public Service Commission (UPSC) chairman to further decide the names of three officers, in accordance with norms, for appointment of a new DGP,” said a state government official. He said the UPSC reports directly to the President and the commission can advise the government through the president, although, such advice is not binding.
The official said the Supreme Court had asked the state governments to formulate a new Police Act on September 22, 2006, in the case of writ petition by former DGP Prakash Singh and others vs Union of India and others so that the police system is kept free from any kind of pressure. He said all the apex court directions are kept in mind for the new rules.
The UP government has approved a new set of rules for independent and transparent selection of DGP by a committee headed by a retired high court judge. The Appointment Rules, 2024, were cleared by the state cabinet at a meeting here on Monday.
With this, the government will not have to send names to the Union Public Service Commission (UPSC) panel for the appointment of the state police chief.
“The objective of the Appointment Rules, 2024, is to establish an independent and transparent mechanism for selection of a suitable person for appointment to the post of DGP to ensure that the said selection is free from political or executive interference and is also in accordance with the specific conditions and policing requirements of Uttar Pradesh,” the new guidelines stated.
The selection committee will be headed by a retired high court judge. It will have the chief secretary, a UPSC nominee, UP Public Service Commission chairman or nominee, Home Department additional chief secretary or principal secretary, and a retired state DGP as its members, according to the guidelines.
To be eligible for selection, candidates must have six months of service remaining on the date of creation of the vacancy. Only those officers who are currently serving in the DG role at Level 16 of the Pay Matrix will be considered. The minimum tenure of the DGP will be two years, the guidelines stated.
The new rules adhere to the Supreme Court directives for the removal of DGP before the completion of the stipulated two-year term in case of criminal charges, corruption or failure to perform duties effectively.
Earlier, 1987 batch IPS officer Mukul Goel, who was the last DGP posted after UPSC clearance, was removed midterm, following allegations of inaction and lack of interest in work. “DS Chauhan took over as acting DGP after Goel and continued to hold charge till his superannuation in April 2023. After his tenure, RK Vishwakarma served as acting DGP for around a month, before Vijay Kumar was appointed acting DGP on May 31, 2023, said the officers, adding, “Thereafter, acting DGP Prashant Kumar, a 1990 batch IPS officer, is the fourth consecutive officer to be made head of police department without getting approval from the UPSC as per the existing norms, after Vijaya Kumar’s superannuation in January 2024.”
He said Prashant Kumar is likely to continue as acting DGP till his superannuation in May 2025, if not removed by the state government due to any reason.
Akhilesh hints at Centre-state tussle
The new rules evoked sharp reactions with the opposition alleging that these are meant to favour one of the senior police officers and take back power from the centre for the DGP’s appointment.
“I have heard that arrangements are being made to give a permanent post to a senior officer and extend his tenure by two years… the question is whether the person making the arrangement will himself stay for two years or not,” Samajwadi Party chief Akhilesh Yadav stated on X.
He stated that questions arise whether this state government would manage to survive for two years or not.
Another X user, KK Bhardwaj wrote in his post that it will be interesting to watch the Supreme Court reaction on the UP government’s move as the West Bengal government was pulled up after making a similar Act in 2019.
‘New rules empowering state’
Reacting to Akhilesh Yadav’s statement, UP social welfare minister Asim Arum said the new rules empower the state to take a decision to appoint full-time DGP. When the state and the chief minister are answerable for every law and order problem of the state, then he or the state government should be allowed to take a decision to appoint the police chief, he added.
Arun said the UPSC should take the decision, if they are ready to answer queries over law and order. He added the new rule will pave way for a better and competitive approach among senior IPS officers to get the coveted post of DGP.