New Delhi: The Supreme Court today dismissed
former Maharashtra IPS officer S S Virk`s petition challenging
the government`s decision to superannuate him in alleged
violation of the apex court`s direction that a state DGP
should be allowed a minumum term of two years.
A Bench of Justices Aftab Alam and R M Lodha dismissed
the petition after both the Centre and Maharashtra government
submitted that at present unless the civil services rules are
amended and the apex court appointed-committee examined the
issue, it would not be possible to implement the rule.
The apex court had in 2006 in the Prakash Singh Vs Union
of India case on police reforms directed that every DGP, after
being appointed to the post, should be allowed a minimum of
two years tenure irrespective of superannuation age.
The reasoning was that a fixed tenure would insulate the
DGP from any influence or extraneous consideration in view of
allegations that IPS officers were being used as pawns by the
Appearing for the Centre, Solicitor General Gopal
Subramaniam told the Bench that the 2006 judgement could not
be implemented in Virk`s case as the directions were being
examined by a committee headed by Justice K T Thomas appointed
by the apex court subsequently to review the directions.
The Justice Thomas Committee was appointed by the apex
court after the Centre and several states expressed
reservations about implementing the two-year tenure dictum on
the ground that it would adversely affect promotional
aspirations of other IPS officers.