The Central Administrative Tribunal has directed the Union Public Service Commission to finalise and forward the panel for the West Bengal DGP post within strict timelines. The Tribunal held that administrative delay cannot deprive an eligible IPS officer of consideration before his superannuation.
The Central Administrative Tribunal (CAT) has directed the Union Public Service Commission (UPSC) to immediately move forward with the empanelment process for appointing a new Director General of Police (DGP) for West Bengal, after noting prolonged and unjustified delay.
A bench of Chairman Justice Ranjit More and Member (Administrative) Rajinder Kashyap ordered the UPSC to convene a meeting of the empanelment committee and finalise the panel of eligible officers on or before January 28.
The Tribunal further directed that the final panel must be forwarded to the West Bengal government by January 29. Upon receiving the panel, the State government has been asked to take a decision on the appointment of the DGP at the earliest.
The Tribunal also instructed the West Bengal government to first resubmit its proposal for empanelment on or before January 23.
The directions were passed on a plea filed by senior IPS officer Dr Rajesh Kumar, who is currently serving as Principal Secretary with the West Bengal government. Dr Kumar approached the Tribunal, stating that the post of DGP has been lying vacant since December 2023, and despite the State government sending the proposal for empanelment in July 2025, the UPSC failed to complete the empanelment process in accordance with the prescribed rules and guidelines.
Senior Advocate Sanjoy Ghose, appearing on behalf of Dr Kumar, submitted before the Tribunal that the officer is due to retire on January 31 and that any further delay would completely deprive him of his right to be considered for appointment as the head of the State police force.
ALSO READ: DoPT Opens Vacancies in CAT: Judicial and Administrative Member Roles Await!
It was argued that the delay was not attributable to Dr Kumar and that administrative lapses should not come in the way of his legitimate consideration for the post.
In its order dated January 21, the Tribunal carefully examined the sequence of events and observed that although the West Bengal government sent the proposal at a later stage, Dr Kumar still had six months of remaining service when the proposal was finally forwarded to the UPSC in July 2025.
The Tribunal noted,
“Respondent No. 1, 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 respondent no. 1 (UPSC) would amount to contempt,”
it said.
The Tribunal also took serious note of the fact that during the pendency of the empanelment proceedings, the UPSC attempted to apply a change in procedural rules. The recruiting body had argued that where there is a delay in sending proposals, the concerned State government should first seek clarification from the Supreme Court.
However, the Tribunal disagreed with this position and held that procedural rules cannot be altered mid-process.
Emphasising fairness and equity, the Tribunal observed that any delay caused by the West Bengal government cannot be used to the disadvantage of Dr Kumar. On this issue, the Tribunal made it clear that the officer should not suffer due to administrative inaction or procedural confusion between authorities.
Accordingly, the Tribunal directed both the UPSC and the West Bengal government to complete the entire empanelment and appointment process before Dr Kumar’s date of superannuation, so that his right to be considered for the post of DGP is not rendered meaningless.
Senior Advocate Sanjoy Ghose appeared for Dr Rajesh Kumar along with advocates Nipun Arora and Rohan Mandal.
The UPSC was represented by advocates RV Sinha, KK Sharma, Aman Sharma, Suryansh Singh, AS Singh, Shriya Sharma and Jyoti Garg. Advocate Jalaj Agarwal appeared on behalf of the Union of India.
ALSO READ: Supreme Court Tells Centre & J&K: Provide Space for CAT in Jammu Within a Month
The West Bengal government was represented by Senior Advocate AK Behera along with advocates Madhumita Bhattacharjee, Debanjan Mandal, Kartikey Bhatt and Tanish Arora.
This order once again highlights the importance of timely administrative action in senior police appointments and reiterates that procedural delays cannot override the rights of eligible officers, especially when retirement is imminent.
Read More Reports On Central Administrative Tribunal
