JOIN USThe Division Bench comprising Justice Ravi V Malimath and Justice K N Keshavanarayana directed the State to follow all procedures regarding forwarding of eligible names to the Union Public Service Commission (UPSC) for empanelment, but restrained it from publishing the order or announcing any names to the post.
Bangalore Police Commissioner Shankar Bidari had filed a writ petition seeking quashing of the Central Administrative Tribunal (CAT) order which had directed the State to forward the names of only those officers in the rank of Director General of Police (DGP) and ensure that it reached UPSC on May 1, 2011. The State was then directed to make the appointment on or before June 1, 2011.
Arguing for the petitioner, senior counsel Ravi Varma Kumar said that the government had to send a list of nine people for three names to be shortlisted by the UPSC as the ratio was 1:3. For this, the government had to consider three factors –– length of service, good records and range of experience of the officers.
However, the CAT order created “conditions tailormade for a person who was going to retire” and favoured him for the top post.
He further argued that they were seeking that the petitioner’s name be included in the list of nine sent to the UPSC for empanelment and it was his right under Articles 14 and 16(1) of the Constitution.