The Union Public Service Commission (UPSC) has rejected the proposal submitted by the West Bengal government in respect of making a panel for appointment for the post of the Director General of Police (Head of Police Force) and advised the state government to seek appropriate directions in the matter from the Supreme Court of India. The UPSC mentioned "inordinate delay" as the reason for the rejection.
Reference to Supreme Court directions
As mentioned in its communication to the Chief Secretary of West Bengal, the UPSC relied on the historic decision taken by the Supreme Court in the case of Prakash Singh Vs. Union of India. Following the notification by the Supreme Court order on July 3, 2018, state administrations are supposed to submit their suggestions for the empanelment of the DGP to the UPSC at least three months before the retirement of the concerned officer.
Delay in submission of proposal
According to the UPSC, the vacancy in the post of DGP (HoPF) was created on 28.12.2023 in the state of West Bengal, but the state government forwarded its proposal only in July 2025, after nearly one and a half years. The Commission pointed out that this submission was much beyond the timeline prescribed by the Supreme Court.
Empanelment committee meeting and divergent views
Despite the delay, the UPSC convened an Empanelment Committee Meeting on October 30, 2025, to consider the proposal along with the clarifications furnished by the state government. The members present in the meeting had divided opinions, especially regarding the determination of the vacancy date in view of the delayed submission. Considering these differences, the Commission decided to seek a legal opinion from the Attorney General of India.
Attorney General’s legal opinion
The Attorney General opined that the delay on the part of the government was far too inordinate. He further expressed that there is no provision under the relevant rules or established precedents whereby the UPSC could condone such a delay and empanel as if nothing irregular had happened. He also warned that accepting late proposals would result in anomalies that could deny the rights of an eligible officer for consideration.
Also Read | Bengali archaeologist discovers Indus Valley unicorn seal at Gujarat's Lothal
The Attorney General also pointed out that if the state government had some problem in adhering to the time prescribed by the Supreme Court, it should have approached the apex court for clarification or appropriate relief.
This decision was made through an official letter dated 31st December 2025, signed by Nand Kishor Kumar, Director (AIS), UPSC, with a copy marked to the Ministry of Home Affairs. In this letter, it was again emphasised by the UPSC that the state should have turned to the Supreme Court, in case there were any difficulties in meeting the required time frame given by the Supreme Court.
Judicial intervention and urgent leadership question
The case has also taken a judicial turn after senior IPS officer Rajesh Kumar filed a petition before the Central Administrative Tribunal (CAT) alleging that he was not given a fair opportunity due to the delayed and irregular process. The CAT ordered UPSC to hasten their decision on the matter.
With Acting DGP Rajeev Kumar scheduled to retire on 31 January, there is immense scrutiny of the West Bengal Police Administration, with attention shifting to whether they can move to the Supreme Court to facilitate an interim appointment.
