Now, AP can select DGP without Centre’s say
Amaravati: Andhra Pradesh Assembly has passed a Bill amending AP Police (Reforms) Act, 2014 giving powers to the state government over the selection and appointment of Director General of Police (DGP) on its own without sending a list of probable candidates to the Union Public Service Commission (UPSC).
After passing the bill in the Legislative Council also, it will be sent to the Governor’s nod. The state government had issued an ordinance in December 2017 amending the AP Police Reforms Act just before the retirement of former DGP N Sambasiva Rao on December 31 following a decision by state Cabinet which decided to amend the AP Police (Reforms) Act, 2014 to make the way for DGP selection on its own without the Centre’s intervention.
The government said the Supreme Court in its judgment in Prakash Singh vs Union of India (2006) directed that every state should amend their Police Act facilitating the appointment of DGP. As per 2014 Act, the government should send three senior-most police officers’ names empanelled by UPSC for appointment of DGP.
The sub-section (2) of the Act provides that the DGP should hold the post for a minimum period of two years, irrespective of the date of retirement on attaining the age of superannuation. However, the government said, “It is decided to select the DGP (Head of Police Force) by the state government from among the officers of the director general of police.
The DGP should have tenure in accordance with the rules made under the All India Services Act, 1951. It is decided to amend the AP Police (Reforms) Act, 2014 suitably.” It may be recalled that the appointment of N Sambasiva Rao as DGP became controversial as the UPSC rejected the proposal which had led to the amendment in the Act. After retirement of Sambasiva Rao on December 31, 2017, the state government has appointed M Malakondaiah in the DGP post on its own.