https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Bombay HC: Chief Secretary Cannot Say Selection Committee Erred After Signing on Proceeding

The Bombay High Court remarked that it was not proper of Maharashtra's then Chief Secretary to write to the Union Public Service Commission's (UPSC) empanelment committee stating it had erred in its recommendation of candidates for the post of Director General Police
Indian Masterminds Stories

The Bombay High Court remarked that it was not proper of Maharashtra’s then Chief Secretary to write to the Union Public Service Commission’s (UPSC) empanelment committee stating it had erred in its recommendation of candidates for the post of Director General Police. The bench observed thus as Maharashtra’s then CS was a part of the selection meeting and had signed on its proceedings.

“Once a selection committee member has signed the proceedings, it is not open to him at a subsequent stage to renege from the selection,” Chief Justice Dipankar Datta orally observed, relying on the Supreme Court judgement of Chancellor vs Dr Bijay Ananda Kar.

The bench was hearing a PIL filed by Advocate Dutta Mane against the Maharashtra Government for not appointing a new DGP based on the three recommendations given by UPSC’s empanelment committee. His petition stated that IPS officer Sanjay Pandey could not continue as ‘acting DGP’ since the panel did not recommend him.

Mane had approached the court citing newspaper articles that the State was planning to continue with Pandey as DGP till his retirement in June 2022. The UPSC four-member committee had recommended names of three IPS officers following a meeting held on November 1.

State’s counsel Advocate General Ashutosh Kumbhakoni submitted that after the meeting, then Chief Secretary Sitaram Kunte had written to UPSC for not properly considering Pandey’s candidature on November 8.

He claimed that Pandey was the senior-most officer in the State and urged the court to wait until the UPSC committee decided on the letter.

However, the court dismissed the letter as an “afterthought,” noting that the CS had taken no objection during the meeting. The bench remarked that once the proceedings were drawn, the selection committee becomes functus offio and had no further legal authority. Therefore, a committee member couldn’t now state that the committee erroneously kept some material out of consideration.

“It was not proper on the part of the Chief Secretary if he has signed the minutes of November 1 meeting, to send the letter saying that the commission has erred. He could have given an independent opinion, “the Chief Justice observed.

“At this stage, the State Government cannot say that our representation to the Commission should be considered. After having signed this it was not open to the Chief Secretary to say the committee had erred, he should have done it before signing it,” he added.

During the hearing, Advocate Abhinav Chandrachud for the petitioner submitted that when the executive (DGP) is in an acting capacity, the rule of law is compromised because the politicians can interfere with the administration of law and order. “If the person holding the position of Director General of Police does not have the security of tenure, then it’s a very sad state of affairs,”he said.

He said it was important the State Government select the DGP of Maharashtra from amongst the three senior-most officers of the police department recommended by the Union Public Service Commission based on their length of service, good service record and range of experience. And once selected for the job, he should have a minimum tenure of 2 years, Chandrachud said.

Additional Solicitor General Anil Singh agreed. He submitted that the Maharashtra Government had submitted 21 names in August 2021, and in a meeting held on November 1, 2021, IPS officers Hemant Nagrale, Rajnish Seth and K. Venkatesham were shortlisted.


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
NHPC Resized
NHPC Pioneers Grid Modernization with Landmark Battery Storage Agreement in Kerala
Arjun MK1A
India Develops Arjun MK 3 as the Nation's Most Advanced AI Powered Battle Tank
Madhya Pradesh AI Green Data Infrastructure
MP CM Dr Mohan Yadav Pushes for AI-Ready, Green Data Infrastructure in MP with Visit to Spain's Submer HQ
Gujarat Taluka Panchayat
CM Bhupendra Patel Approves New Taluka Panchayat Offices in 11 Gujarat Districts to Boost Local Governance Infrastructure
Chhattisgarh Swachh Survekshan 2025
Swachh Survekshan 2025: Chhattisgarh Emerges as National Leader in Cleanliness; Bilha Crowned India's Cleanest Town
Indian Overseas Bank (IOB)
Indian Overseas Bank (IOB) Q1 FY26 Results: Net Profit Surges 75.6% YoY to ₹1,111 Crore; Asset Quality Strengthens
OIL INDIA MoU
India Energy Week 2025: Oil India Signs MoU with Petrobras to Explore Offshore Hydrocarbon Reserves
ONGC_resized
Major Innovation Leap: ONGC Develops Indigenous, Chloride-Free Fracturing Fluid; Secures Patent
ADVERTISEMENT
ADVERTISEMENT
Videos
promila gupta
The Secret of The Secret – How To Make The Universe Conspire For You
AI 171 CRASH
AAIB Initial Probe In AI-171 Crash Questioned By Aviation Experts
Ravi Kapoor
Why Ex-IRS Officer Ravi Kapoor Walked Away from Power
ADVERTISEMENT
UPSC Stories
Bhavesh Royada
“People often don’t put in the effort required for exams of this level,” Bhavesh Royada
Bhavesh Royada left a stable engineering job to follow his passion for nature. Overcoming failures and...
WhatsApp Image 2025-07-14 at 15.58
The Economist Who Became an IFS Officer
How Abhimanyu Gahlaut balanced global economics and civil services dreams to crack UPSC with AIR 38
Disha Dwivedi UPSC
How Disha Dwivedi Cracked UPSC in Her Sixth Attempt with Unshakable Determination
Disha Dwivedi’s UPSC journey from five prelims failures to securing AIR 672 in 2024 showcases strategic...
Social Media
Standing Leopard
Leopard Stuns Internet by Standing on Two Legs Like a Meerkat
A rare video of a leopard standing on two legs in Kruger Park stuns viewers and goes viral across social...
G S Roshni
Kerala’s Fearless Forest Officer G.S. Roshni Rescues 16-Foot King Cobra with Bare Hands, Garners Praise & Critique
Beat Forest Officer G.S. Roshni’s first-ever king cobra rescue goes viral, earning her the title of ‘Green...
Kaziranga Baby Elephant
Chotu the Baby Elephant Reunited with Mother in Kaziranga: Retired IFS Officer’s Post Goes Viral
A baby elephant's emotional reunion with its mother in Kaziranga, shared by retired IFS officer Susanta...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
NHPC Resized
NHPC Pioneers Grid Modernization with Landmark Battery Storage Agreement in Kerala
Arjun MK1A
India Develops Arjun MK 3 as the Nation's Most Advanced AI Powered Battle Tank
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
promila gupta
AI 171 CRASH
Ravi Kapoor
ADVERTISEMENT
ADVERTISEMENT