IndiaPosted at: Oct 8 2026 7:03PM


SC questions Jharkhand rule permitting DGP appointment with less than six months’ service left

Parmod Kumar
New Delhi, Oct 8 (UNI) The Supreme Court on Thursday questioned the validity of a Jharkhand rule allowing an officer with less than six months of service remaining before superannuation to be considered for appointment as Director General of Police, observing that the provision prima facie appeared inconsistent with its 2006 directions in the Prakash Singh case.

A bench comprising Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana said the rule could not be sustained if it diluted the safeguards laid down by the court for appointment and tenure of State police chiefs. It gave the Jharkhand government one week either to reconsider the provision or place its response on record.

The court also issued notice to DGP Tadasha Mishra, noting that any decision on the validity of the rule could have a bearing on her appointment.

Senior advocate Raju Ramachandran, assisting the court as amicus curiae, was asked to examine not only the Jharkhand regulation but also comparable provisions and consequential appointments in other States. The UPSC was directed to assist the amicus.

Appearing for Jharkhand, senior advocate Kapil Sibal said the State had no objection to revisiting the rule, while questioning why Jharkhand alone had been singled out when similar provisions existed in other states. He referred to the recent extension granted to West Bengal DGP Siddh Nath Gupta.

Solicitor General Tushar Mehta said the Centre would oppose any State law found inconsistent with the Prakash Singh directions, irrespective of the political party in power.

The proceedings arise from a Central government challenge to Jharkhand’s 2025 regulations governing selection and appointment of the State DGP. The Centre has sought a direction requiring the State to follow the procedure prescribed by the Supreme Court and has questioned appointments made under the regulations.

The plea also challenges the appointments of IPS officers Anurag Gupta and Tadasha Mishra. According to the Centre, Gupta was appointed in February 2025 with only about three months of service remaining, while Mishra was appointed in December 2025, a day before her scheduled superannuation, after the State removed the six-month residual-service requirement.

Under the Prakash Singh framework, the State is required to choose its DGP from a panel of three officers shortlisted by the UPSC on the basis of service record, seniority and experience, with the selected officer ordinarily getting a minimum two-year tenure.
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