INFORMATION SOUGHT UNDER RTI FROM CABINET SECTT, GOVT OF INDIA,  AGRAWAL’S TENURE AS STATE DGP IS TILL 15 AUG 2023 HOWEVER HIS SUPERANNUATION FROM IPS IS SCHEDULED ON 30 JUNE 2023

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Would incumbent Director General of Police (DGP) i.e. Head of Police Force (HoPF), Haryana Prashant Kumar Agrawal who has been holding this regular charge since 16 Aug 2023 would get an extension in service for a period of one & half months beyond 30 June 2023 i.e. after his date of superannuation ?  

An Advocate at Punjab & Haryana High Court, Chandgarh,Hemant Kumar has today filed an RTI with Cabinet Secretariat, Government of India

seeking the complete information as available with the Appointments Committee of the Cabinet (ACC) under Department of Personnel and Training, Union Ministry of Personnel, Training and Pensions

pertaining to grant of extension in service, if any, to 1988 batch IPS Haryana Cadre viz. Prashant Kumar Agrawal who was appointed as Director General of Police-DGP (Head of Police Force- HoPF), Haryana vide State Home Department Order No. 2/8/18-2HG-1 dated 15 Aug 2021 for a period of two years from the date of his assumption of office and the ibid IPS officer joined as such on 16 Aug 2021.

Now as per above Order the term of Prashant Kumar Agrawal, IPS as DGP (HoPF) would be till 15 Aug 2023 however since the date of birth of above IPS is 21 June 1963 hence his superannuation from IPS is scheduled for 30 June 2023. Thus for the period between 1 July 2023 to 15 Aug 2023, he would be required to be granted suitable extension in service which can only be granted by the Competent Authority in Government of India by issuing an Notification/Order by relaxation in All India Services (Death cum Retirement Benefit ) Rules, 1958. 

Hemant further told that as per Supreme Court Judgment in Prakash Singh Vs Union of India (Sep, 2006) i.e. the historic verdict of the Apex Court on Police Reforms, it has been mandated in Direction No. 2 therein that the DGP (HoPF) of the State shall be selected by the State Government from amongst the three senior-most officers of the Department who have been empanelled for promotion to that rank by the Union Public Service Commission (UPSC) on the basis of their length of service, very good record and range of experience for heading the police force.

And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties. 

The Advocate told that the State of Haryana enacted Haryana Police Act, 2007 via State Legislative Assembly in compliance of Prakash Singh’s judgment and the ibid Act came into force from Nov, 2008. The original Section 6(2) of ibid 2007 Act provided that the DGP shall have a minimum tenure of one year irrespective of his normal date of superannuation. Further, in the year 2010, the above provision was changed via an Amendment law enacted by State Assembly which prescribed that the DGP shall have a minimum tenure of one year subject to his normal date of superannuation. 

The Advocate told that the State of Haryana enacted Haryana Police Act, 2007 via State Legislative Assembly in compliance of Prakash Singh’s judgment and the ibid Act came into force from Nov, 2008. The original Section 6(2) of ibid 2007 Act provided that the DGP shall have a minimum tenure of one year irrespective of his normal date of superannuation. Further, in the year 2010, the above provision was changed via an Amendment law enacted by State Assembly which prescribed that the DGP shall have a minimum tenure of one year subject to his normal date of superannuation. 

Meanwhile, when the Supreme Court in July, 2018 reiterated its earlier directions on minimum tenure of DGP as being minimum two years, the Haryana Assembly again via an Amendment law in Dec, 2018 changed the above provision and rather provided that the DGP shall have a tenure of not less than one year extendable up to one more year irrespective of his date of superannuation, quips Hemant. 

However, since in Jan, 2019 Supreme Court again directed strict compliance of its directions on appointment of DGP to States of Haryana and Punjab, hence in Feb, 2019, Manoj Yadava, IPS of 1988 batch was appointed DGP(HoPF), Haryana for a period of two years from the date of his assumption of office. As Yadav’s superannuation is scheduled in July, 2025, hence then there was no issue over grant of any sort of extension in service to him during his two years tenure as States’ DGP.

He continued for two and half years till Aug, 2021 after which he proceeded to Central Deputation. After Yadav, present incumbent PK Agrawal was appointed as DGP (HoPF), Haryana, asserted Hemant.