Gujarat High Court order on DGP appointment likely on Wednesday

The Gujarat High Court on Monday allowed petitioner former IPS officer Rahul Sharma to join Election Commission of India (EC) as respondent in the petition seeking appointment of a regular Director General of Police (DGP).

The first division bench of chief justice R Subhash Reddy and justice Vipul Pancholi had kept its order reserve for Monday, on Friday as submission of both the parties had concluded.

Before the bench passes the order on Monday, it observed that the advocate general has submitted, that at present the entire police force is directly reporting to the EC and so the state would have to seek EC nod before promoting or transferring any police officer.

Then, Sharma's advocate IH Syed pleaded to permit to join EC as respondent, which was allowed and the matter kept for further hearing on Wednesday.

In last hearing, petitioner's advocate Syed citing the model code of conduct guidelines submitted that it is very clear that without EC's permission, the state government cannot appoint or transfer any officer. But, in the said guidelines, it is nowhere mentioned that the state can't discharge its obligatory duty towards the state and society.

Sharma had moved a PIL alleging that since 2016, the state government is avoiding appointment a regular DGP and continues in-charge DGP. According to the petitioner, an in-charge DGP for long demoralises the police force. There is all possibility of political party in power influencing the in-charge officer, which is less possible if there is a regular DGP, it had stated.

His further contention was that regular DGP builds confidence of force for policing. For safety and security of the society and the state too, a regular DGP is a must. Its state's obligation to appoint regular DGP from the three senior most IPS officers, who can serve in the office for minimum two years from the date of taking over the charge, the petition had stated.