In this post we will read about the technical ground that reportedly eliminated senior IPS officials such as Rakesh Asthana and Y C Modi from the race for CBI director’s post – minimum six-month tenure remaining for a DG-level appointment – may not have ramifications for appointments at the helm of other Central police organisations with sources insisting that the SC ruling in this regard only applies to state DGPs selection.

Also Read- 6-month clause may not apply to other central police picks

6 MONTHS CLAUSE MAY NOT APPLY TO CENTRAL POLICE PICKS
6 MONTHS CLAUSE MAY NOT APPLY TO CENTRAL POLICE PICKS

Background Facts

  1. According to some senior IPS officers, the Supreme Court 2019 ruling that only officers with at least six-months left for their superannuation, should be considered for appointment as DGPs pertains exclusively to the state police. A senior government functionary, who did not want to be named, endorsed this view.
  2. The ‘technical’ ground that reportedly eliminated senior IPS officials such as Rakesh Asthana and Y C Modi from the race for CBI director’s post – minimum six-month tenure remaining for a DG-level appointment – may not have ramifications for appointments at the helm of other Central police organisations with sources insisting that the SC ruling in this regard only applies to state DGPs selection.
  3. The application of this rule to CBI director’s post was specifically borne out of Chief Justice of India’s interpretation of the Supreme Court ruling extending to DG-level posts in Central police organisations as well. This may mean that the same may not be applied to other DG-level posts at the Centre, which are simple ACC appointments, leaving the CBI director’s appointment as a one-off case.
  4. The CBI director’s appointment was as per the process outlined in the Lokpal Act and Delhi Special Police Establishment Act, in line with the Supreme Court ruling in the Vineet Narain case.
  5. These do not lay down any six-month-remainder-service limitation, said the officer. As per another police officer, if the same rule were to be applied to top posts in other Central police and para-military organisations – R&AW, Intelligence Bureau, BSF, CRPF, ITBP, CISF, NSG, etc – many senior IPS officers may lose out on eligibility.
  6. What may make matters worse is that sometimes-top posts in Central police organisations are not filled up as soon as they become vacant, the officer pointed out.
  7. Even the CBI director’s post has been vacant since the retirement of incumbent Rishi Kumar Shukla in February 2021. Interestingly, in most of the recent appointments at the helm of Central police or para-military organisations – R&AW, BSF, CRPF, ITBP, CISF, NSG, SSB — the incumbent officers had more than six months of their tenure left.
  8. The only exception being Director, Intelligence Bureau, Arvind Kumar who had around three-month tenure left when he was appointed as DIB in June 2019. Both R&AW and IB chiefs have a fixed two-year tenure.

Also Read- 6-month clause may not apply to other central police picks

The story refers to Appointment of Chief in CBI in comparison to DGP’s for the state and answers 6 months clause not applicable as per latest Supreme Court ruling.

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