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New Delhi: A fresh hurdle has emerged in the appointment of West Bengal's Director General of Police (DGP), with the Union Public Service Commission (UPSC) returning the state government's proposal and advising it to approach the Supreme Court for directions.
The tenure of the incumbent DGP Rajeev Kumar is due to end on January 31. Ahead of this, the state had forwarded a list of officers to the UPSC for selection of a new police chief. The commission, however, declined to process the proposal, citing an inordinate delay.
According to reports, the UPSC returned the state's request to convene an Empanelment Committee Meeting (ECM) for appointing the DGP, also referred to as the Head of Police Force, and suggested that the state seek appropriate directions from the apex court.
Former DGP Manoj Malviya retired on December 27, 2023, after completing his two-year tenure, following which Rajeev Kumar was appointed as acting DGP. With Kumar's term now nearing its end, the state sent a fresh proposal to the UPSC. The commission, however, questioned the delay in initiating the process and sent the proposal back.
The West Bengal government wrote to the commission on July 16 and July 23 last year, proposing preparation of a panel for the DGP's appointment. The letters stated that the post had fallen vacant on December 28, 2023, after which Kumar had been serving in an acting capacity.
The commission pointed out that under the Supreme Court's July 3, 2018 order -- which modified its 2006 ruling in the Prakash Singh case -- state governments are required to send proposals to the UPSC at least three months before a vacancy arises in the DGP's post.
Since Malviya retired on December 27, 2023, the proposal should have been submitted by September 2023. Instead, it was sent in July 2025, reflecting a delay of over 18 months.
Following differences within the empanelment committee over the delay, the UPSC sought the opinion of the Attorney General for India. In his opinion dated October 30 last year, the Attorney General termed the delay "extremely serious" and said there was no provision for the UPSC to condone such a prolonged lapse.
He also noted that such delays could deprive eligible officers of the opportunity to be empanelled, and said the state government should have approached the Supreme Court earlier for guidance.
Based on this opinion, the UPSC returned the proposal and advised the West Bengal government to obtain appropriate directions from the Supreme Court.
The decision was conveyed through an official letter dated December 31, issued by UPSC Director (AIS) Nand Kishore Kumar. A copy of the letter was also sent to the Union ministry of home affairs.
