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SC dismisses plea challenging Dinkar Gupta’s appointment as Punjab DGP
The development is seen as a setback for Chattopadhaya, considered a frontrunner for the post of Punjab DGP, the appointment of which is expected in the next few days.
The Supreme Court on Tuesday dismissed the petitions filed by DGPs Sidharth Chattopadhyaya and Mohd Mustafa (now retired) challenging the appointment of 1987-batch Indian Police Service officer Dinkar Gupta as the Punjab Police chief by the Captain Amarinder Singh-led Punjab government in 2019.
The development is seen as a setback for Chattopadhaya, considered a frontrunner for the post of Punjab DGP, the appointment of which is expected in the next few days.
The camp led by Punjab Congress chief Navjot Singh Sidhu has been strongly backing Chattopadhyaya’s candidature for the post.
It was under the Sidhu faction’s pressure that Chattopadhaya was appointed chief director, Vigilance and Anti-Corruption Bureau, Punjab, last month.
The judgment pronounced by Justice L Nageswara Rao dismissed the appeals filed by Chattopadhyay and Mustafa.
“The appeals are dismissed in terms of the signed reportable judgment. Pending application(s) if any shall stand disposed of,” reads the three -member bench also comprising Justice Sanjiv Khanna and Justice BR Gavai.
The court had reserved judgment in the case on September 15.
Gupta had superseded five officers
Dinkar Gupta was appointed the Punjab director general of police (DGP) in 2019. Both Mustafa, a 1985-batch IPS officer, and Chattopadhyaya, 1986-batch IPS officer, had challenged Gupta’s appointment with claims that the Union Public Service Commission (UPSC) ignored seniority while sending the panel of officers to the state government and made tailor-made rules to include Gupta in the panel sent to it by it to the Punjab government.
Gupta had superseded five senior officers, including Mustafa and Chattopadhyaya.
After both the officers challenged the appointment in the Central Administrative Tribunal (CAT), this court had quashed Gupta’a appointment. However, the Punjab and Haryana high court in January 2020 stayed the CAT orders.
The UPSC is said to have taken a strong stand while including Gupta’s name, citing two factors, the length and range of service in the previous 10 years of service at the time of the names were considered for the post.
Gupta was removed as DGP after change in dispensation in the Congress government with Charanjit Singh Channi replacing Amarinder as the chief minister.
A 1988-batch IPS officer Iqbal Preet Singh Sahota is holding the additional charge of the DGP every since Gupta was posted chairman of the Punjab Police Housing Corporation.
Even as the detailed judgment in the case has still not been uploaded on the website of the apex court, it is bound to have bearing on the selection of the new DGP.
The Channi-led state government has already sent panel of nine officers to the UPSC for the appointment of the new DGP on September 30 with Chattopadhyaya the senior-most in the panel.
“As in the pleas police officers also opposed the contention of the empanelment committee, which had sent a report to the UPSC, saying the officers lacked experience in core policing areas, it would be interesting to see what stand the UPSC takes to successfully defend Chattopadhaya’s pleas,” a senior home department functionary said.
