Gurugram: The Haryana government finds itself in a spot after the Union Public Service Commission (UPSC) returned its proposal to appoint a new director general of police (DGP), pointing out a procedural flaw that puts the ball squarely back in the government’s court.
The UPSC noted that Shatrujeet Singh Kapur—who is currently on leave and included in the panel of officers forwarded by the Haryana government to the commission—can technically rejoin as DGP once his two-month leave ends on 13 December. The commission’s position is that since Kapur is merely on leave, and not retired or removed, there is no actual vacancy at present.
Kapur went on leave on 14 October after he was named by IPS officer Y. Puran Kumar’s family in an FIR for allegedly abetting his suicide. The state government then promptly appointed O.P. Singh, a 1992-batch officer, as the acting DGP during Kapur’s absence. But Singh is set to retire on 31 December.
Returning Haryana’s request, UPSC pointed out that such a request for a panel for selection of a new DGP is sent when a state anticipates a vacancy for the post, which is not the case in Haryana.
Last week, Haryana had prepared a panel comprising five officers from the 1990 to 1993 IPS batches: Kapur, Sanjeev Kumar Jain (1991 batch), Ajay Kumar Singhal (1992 batch), and two officers from the 1993 batch—Alok Mittal and Arshinder Singh Chawla—and sent it to UPSC as a part of the selection process for the new DGP in line with Supreme Court-mandated guidelines.
The UPSC usually sends a panel of three names from such a list, and the state is empowered to select one as the new DGP.
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Govt in a fix
The UPSC’s move has created a delicate situation for Chief Minister Nayab Singh Saini’s government. The state must decide whether to keep Kapur in his current position once he returns from leave, or shift him to another posting—the only way to create a genuine vacancy that would justify sending a fresh panel to the UPSC.
A senior Haryana government official told The Print that the state government will soon take a call.
UPSC’s objections stem from the Supreme Court’s guidelines in the landmark 2006 judgment in the Prakash Singh & Others vs Union of India case, which stipulate that states should send proposals for DGP appointments only when there is an anticipated vacancy in the near future.
But Kapur, a 1990-batch IPS officer, still has 10 months of service remaining before his retirement in October 2026. He remains the incumbent DGP, and his leave status doesn’t alter that fact.
Explaining the nuances after the UPSC’s observation, another senior Haryana government official, requesting anonymity, told The Print that if the government decides to let Kapur return to his post after 13 December, he would technically resume as DGP, and the process to select a new police chief would become unnecessary.
However, given the circumstances surrounding his leave—particularly the FIR and public outcry following Kumar’s death—there are questions about whether his return would be politically or administratively feasible.
“The alternative is to shift Kapur to another position. Kapur previously served as chairman and managing director of state power distribution companies, and is credited with work on reducing electricity theft and line losses. Moving him there, or on any other post in policing or in civil administration, would create a genuine vacancy in the DGP’s post, allowing the state to send a fresh, properly constituted panel to the UPSC,” the official said.
The UPSC guidelines, as amended in 2023, provide that the normal zone of consideration for DGP posts includes officers holding positions at Level 16 of the Pay Matrix with a minimum of 30 years of service.
Candidates are evaluated by the UPSC based on their length of service, professional records, annual confidential reports, and any disciplinary or criminal proceedings pending against them.
Retired IPS officer Prakash Singh, whose 2006 petition led to the creation of the current DGP selection framework, earlier told The Print that simply having an FIR registered may not be enough to exclude an officer from consideration. The nature and extent of involvement in the alleged offence would need to be established.
(Edited by Sugita Katyal)
Also Read: Haryana begins process to pick new DGP. Named in IPS suicide FIR, ex-top cop on shortlist