The Union Public Service Commission (UPSC) has told the Supreme Court that it is unable to implement some of the suggestions the court had made, because the government is not cooperating.
In an application filed in March but heard for the first time only last Friday, the UPSC, which recruits central government servants at all levels, said the recommendations relating to the appointment of director-generals of police in different states made by the court in September 2008, could not be carried out because the government did not confer on it the authority to do so.
The court, responding to a public interest litigation filed by two former policemen, Prakash Singh, earlier Uttar Pradesh police chief and NK Singh, former deputy director, CBI, had asked the UPSC to prepare, for each state, a panel of three names of those it considered best suited for the job, from among the top policemen, whenever the job fell vacant.
The court directed the UPSC to then forward the panel to the home department of the state concerned.
In its application, the UPSC has alleged that despite the court order, the Centre never conferred on it the power to make relevant rules and lay down the procedure for preparing the panel. The UPSC even suggested a particular procedure, but the Centre never responded.
In response, a bench headed by Chief Justice of India KG Balakrishnan has issued notice to the home ministry and the department of personnel and training directing them to respond to the complaint made by UPSC within six weeks. The bench also issued notice to various states seeking their views on the issue.
The UPSC said the SC had assigned it a specific task on the issue of appointment of police chiefs in various states and union territories but it had not been able to carry out the task due to the Centre’s non-cooperation.
When contacted, government officials refused to comment on the matter saying it was sub judice.