The West Bengal government has once again stirred the administrative pot by including the name of current Acting Director General of Police (DGP), Rajiv Kumar, in a fresh list of nominees for the state’s top police post. This move comes despite significant pushback from the Union Public Service Commission (UPSC) regarding procedural delays and tenure rules.
A Race Against Time and Regulations
Rajiv Kumar, who has served as the acting DGP for the past two years, is officially set to retire on January 31. Under the landmark Prakash Singh judgment by the Supreme Court, state governments are required to submit a panel of names to the UPSC at least three months before a vacancy occurs. However, the Bengal government’s persistent delays have turned a routine appointment into a legal quagmire.
On January 21, the state secretariat, Nabanna, forwarded a list of eight candidates to the UPSC. The inclusion of Kumar’s name is particularly contentious because he has not yet received a formal service extension from the Ministry of Home Affairs.
The UPSC and Attorney General’s Stance
The selection process has been plagued by friction. During an “Empanelment Committee” meeting held last October, members reportedly clashed over the state’s tardiness in submitting proposals. Seeking clarity, the UPSC consulted the Attorney General of India (AGI).
The AGI’s opinion was stern:
“The delay by the state government is a serious matter. The UPSC rules provide no provision to overlook or excuse such an extensive lapse in timing.”
Given this stance, the UPSC previously advised the West Bengal government to seek relief from the Supreme Court. Instead, the state opted to resubmit a trimmed list of eight names, down from the usual ten, while keeping Kumar as their primary choice.
Uncertainty in the Administrative Corridors
Administrative experts suggest that the UPSC may reject this new list, as appointing an officer on the verge of retirement without a pre-approved extension challenges standard protocol. Since the state bypassed the three-month rule following Manoj Malaviya’s retirement in 2023, the current standoff highlights a deepening rift between the state executive and central oversight bodies.
With only days left until the January 31 deadline, it remains unclear whether the Centre will grant an extension or if the state will be forced to appoint a new face from the remaining seven candidates.