MOHD. MUSTAFA versus UNION OF INDIA & ORS.

MOHD. MUSTAFA versus UNION OF INDIA & ORS.

The empanelment committee’s preparation of the panel under the UPSC Draft Guidelines complied with this Court’s directions in Prakash Singh; the committee lawfully assessed 'very good' record and 'range of experience' (including selection of five core policing areas appropriate to Punjab) and its decision was not irrational or vitiated by irrelevant considerations; allegations of bias against the incumbent DGP did not warrant setting aside the selection; therefore the High Court correctly set aside the Tribunal and upheld the selection and appointment of Mr. Dinkar Gupta as DGP (HoPF).

Parties
Appellant: Mohd. Mustafa; Appellant: Siddharth Chattopadhyaya; Respondent: Union Public Service Commission; Respondent: State of Punjab; Respondent: Mr. Dinkar Gupta; Respondent: Mr. Suresh Arora
Jurisdiction
India
Judgment Date
16 November 2021
Procedural Posture
Civil Appeal / On Appeal From High Court Judgment Dated 06.11.2020 Challenging Orders of the Central Administrative Tribunal
Outcome
Appeals dismissed
Legal Topics
Selection and Appointment of DGP, Empanelment Committee and UPSC Draft Guidelines, Bias and Recusal, Application of Prakash Singh Directions
Service Law Administrative Law Constitutional Law Judicial Review Selection and Appointment of DGP Empanelment Committee and UPSC Draft Guidelines Bias and Recusal Application of Prakash Singh Directions

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Parties

Mohd. Mustafa

Appellant

Siddharth Chattopadhyaya

Appellant

Union Public Service Commission

Respondent

State of Punjab

Respondent

Mr. Dinkar Gupta

Respondent

Mr. Suresh Arora

Respondent

Procedural Posture

Civil Appeal / On Appeal From High Court Judgment Dated 06.11.2020 Challenging Orders of the Central Administrative Tribunal

Legal Issues

  1. 1 Whether the UPSC empanelment for appointment as DGP (HoPF) complied with this Court's directions in Prakash Singh v. Union of India
  2. 2 Whether the Empanelment Committee’s identification of core policing areas and assessment of 'range of experience' was arbitrary or irrational
  3. 3 Whether participation of the incumbent DGP in the Empanelment Committee vitiated the panel by reason of bias or necessitated recusal

Ratio Decidendi

The empanelment committee’s preparation of the panel under the UPSC Draft Guidelines complied with this Court’s directions in Prakash Singh; the committee lawfully assessed 'very good' record and 'range of experience' (including selection of five core policing areas appropriate to Punjab) and its decision was not irrational or vitiated by irrelevant considerations; allegations of bias against the incumbent DGP did not warrant setting aside the selection; therefore the High Court correctly set aside the Tribunal and upheld the selection and appointment of Mr. Dinkar Gupta as DGP (HoPF).

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Selection and appointment of Mr. Dinkar Gupta as Director General of Police (Head of Police Force), State of Punjab, upheld