JK opposes plea in SC challenging DGP’s appointment
New Delhi, Oct 5: The Jammu and Kashmir government Friday opposed in the Supreme Court a plea filed by a serving senior IPS officer who has raised the issue of appointment of Dilbag Singh as the acting Director General of Police (DGP) of the state.
IPS officer S K Mishra has moved the apex court against the May 16 judgement of the Jammu and Kashmir High Court which had dismissed his petition.
He had alleged that he was “illegally superseded” by former DGP S P Vaid, who was junior to him.
Vaid, who was the DGP of Jammu and Kashmir, was replaced by acting DGP Dilbag Singh.
Mishra’s plea came up for hearing before a bench of Justices Kurian Joseph and A M Khanwilkar.
The counsel representing Mishra told the bench that there was “gross violation” of the apex court’s earlier verdict in appointment of Singh, as the top court had said that no police officer should be appointed as the acting DGP by the states and union territories.
He said that Vaid was asked to leave from the post of DGP and the state has appointed an officer as police chief on an “ad-hoc basis”.
Advocate Shoeb Alam, appearing for Jammu and Kashmir, opposed the plea and said that issue of temporary arrangement of appointing Singh as acting DGP of the state was dealt with by another bench of the top court headed by then Chief Justice Dipak Misra.
Alam said that on September 20, the top court had said the acting DGP shall continue in office till the Union Public Service Commission (UPSC) takes a decision in the matter.
The top court had last month asked the UPSC to take a decision within four weeks on the suitability of senior police officers who could be appointed as the police chief in the state.
During the hearing, the bench said that the matter should be tagged with the case which was already being heard by the another bench.
When Mishra’s counsel told the court that notice should be issued on his plea, the bench said, “You can pursuade that bench to issue notice”.
Mishra had earlier moved the high court against the September 21, 2017 order of the Central Administrative Tribunal (CAT), Chandigarh which had dismissed his plea in which he had claimed that Vaid was made the DGP by bypassing his seniority.
He had told the high court that he is the senior most Indian Police Service (IPS) officer in Jammu and Kashmir and erstwhile DGP Vaid was junior to him.
He had claimed in the high court that appointment of Vaid as the DGP was contrary to law.