DGP appt: CAT overrides UPSC, asks Bengal to resend panel
Times of India | 22 January 2026
Kolkata: Overriding a UPSC directive to Bengal to go to the Supreme Court for delay in sending its panel recommendation for appointing the state's next director-general of police, the Central Administrative Tribunal has asked the state to resubmit its proposal by Jan 23. It also asked the UPSC to convene the empanelment committee and send its recommendations for 3 officers to state govt — of whom Bengal will pick one — by Jan 29. DGP Rajeev Kumar is set to retire on Jan 31.
The CAT order in a Nov, 2025, suit moved by IPS Rajesh Kumar against UPSC and Centre, alleging prejudice against him. He is now the principal secretary, mass education and library services. He too retires on Jan 31.
The post of Bengal DGP had fallen vacant on Dec 27, 2023, after Manoj Malaviya retired. Bengal govt, however, forwarded its proposal — a list of 10 senior IPS officers, including Rajesh Kumar — on July 16, 2025.
Saying that Bengal govt had overshot the Supreme Court-mandated three-month deadline to send its proposal after the DGP's post fell vacant, UPSC asked state to move the SC, seeking clarity. Backing Kumar's contentions, CAT said in its interim order: "The right to be considered for promotion is a fundamental right, and in the present case, prolonged inaction by UPSC cannot be ignored."
"Though Bengal govt delayed forwarding the proposal, when the proposal was sent on 16.07.2025, the applicant had more than six months of service left. UPSC, however, convened the meeting only on 30.10.2025 and thereafter returned the proposal. We find no merit in the contention that proceeding with empanelment by UPSC would amount to contempt. Any delay attributable to Bengal govt cannot prejudice the applicant," the order by CAT chairperson Justice Ranjit More and Rajinder Kashyap read. DGP appointment has in the past triggered multiple state and Centre stand-offs. The Supreme Court's 2023 Pakash Singh judgment has mandated that the state send its proposal to UPSC, which shortlists a panel of three persons, and the state has to pick one from the panel. BJP-governed Uttar Pradesh had gone ahead and framed its own rules.
Tamil Nadu and Jharkhand also had their run-ins on this issue with the Centre. As a way out, multiple states — including Bengal — have appointed acting DGPs. Stepping into an election year, Bengal administration is also likely to be under Election Commission control for three months. EC enjoys complete powers to appoint its own personnel — including the DGP — to conduct polls.