Abuse of process: SC to West Bengal on its repeated pleas to bypass UPSC in appointing DGP

West Bengal has contended that the UPSC did not have the jurisdiction and expertise to consider, appoint the DGP of a state.

New Delhi: Supreme Court criticised the Mamata-Banerjee-led West Bengal government on Friday (September 3, 2021) for repeatedly filing pleas seeking autonomy to select the Director General of Police (DGP). The application submitted that the state seeks top court`s permission to appoint its own DGP without UPSC`s involvement.

The state government has contended that the Union Public Service Commission (UPSC) does not have the jurisdiction and expertise to consider, appoint the DGP of a state.

A bench headed by Justice L. Nageswara Rao comprising BR Gavai and BV Nagarathna told the state government's counsel that it has been making repeated pleas seeking the same prayers, despite rejections earlier. "We will be very frank. Don`t file repeated applications," the bench told states representative senior advocate Sidharth Luthra, as per a report by Livelaw.

The bench said it will not permit and added that it is an abuse of the process and not expected from a state government asking the state government to withdraw its petition.

The bench said: "We`ll allow you to withdraw this application and you may argue this point in the amicus. We have individuals who file petitions, if states also start doing this, how will we hear the matters?"

However, the top court has allowed the West Bengal Government to implead in the main case relating to police reforms.