SC directive to UPSC on acting DGPs puts Punjab govt under scrutiny

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5 min readChandigarhFeb 7, 2026 12:28 PM IST

A Supreme Court order, directing the Union Public Service Commission (UPSC) to take proactive measures against states delaying the appointment of full-time Directors General of Police (DGPs), has put Punjab in a spot.

Gaurav Yadav, a 1992 batch IPS officer, has been serving as officiating DGP for over three and a half years in Punjab. The order will now potentially force the state government to expedite a permanent appointment and risking legal consequences if it fails to act.

The directive came on Thursday during a hearing on a UPSC plea challenging a January 2025 Telangana High Court order mandating the commission to finalize a DGP panel within four weeks. The Supreme Court bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, expressed strong disapproval of the “acting DGP” culture prevalent in several states, noting that it undermines the stability and independence of police leadership as envisioned in the 2006 Prakash Singh judgment.

The court empowered the UPSC to directly remind states of impending vacancies and, in cases of persistent delays, file applications in the Prakash Singh case for accountability, including contempt actions against errant governments.

For Punjab, this ruling amplifies ongoing judicial pressure. The state has been repeatedly cited in Supreme Court proceedings for non-compliance, with Yadav’s extended interim role—starting July 5, 2022—drawing particular criticism as the longest among defaulting states. Appointed shortly after the Aam Aadmi Party (AAP) assumed power, Yadav superseded several senior IPS officers and has continued despite guidelines limiting acting tenures to six months. The Court’s latest order effectively hands the UPSC a tool to compel Punjab to submit a list of eligible officers for vetting, potentially leading to Yadav’s replacement if he is not selected from the finalised panel.

Legal experts suggest the implications for Gaurav Yadav could be twofold. On one hand, his recent empanelment in February 2025 for Director General-level posts at the Centre positions him as a strong candidate for formal elevation, either in Punjab or elsewhere. However, critics argue that his appointment bypassed the mandatory UPSC process, making it vulnerable to challenge. If Punjab drags its feet, the UPSC’s new authority to initiate contempt could result in Yadav’s removal, disrupting continuity in a state already facing criticism over law and order issues, including gang violence and drug trafficking.

The AAP government has previously defended its stance by pointing to the Punjab Police (Amendment) Act, 2023, which establishes a state-led committee for DGP selection, aiming to reduce central oversight. However, this legislation remains pending presidential assent and has been viewed skeptically by the Court in prior hearings, as it potentially conflicts with the Prakash Singh directives requiring UPSC involvement.

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With the Supreme Court scheduling further reviews in the broader contempt cases against six states—including Punjab—for March 2025, the AAP government will face intensified scrutiny, possibly accelerating the appointment process to avoid escalation.

Opposition leaders, including SAD leader Bikram Singh Majithia, have accused the government of politicising the police force and calling Gaurav Yadav an ad-hoc DGP. Congress leaders like Gurdaspur MP Sukhjinder Singh Randhawa and MLA Sukhpal Singh Khaira have also attacked the AAP government for not appointing a DGP from a panel of three senior-most IPS officers.

In June 2023, Punjab passed the Punjab Police (Amendment) Bill, 2023, creating a seven-member state-led committee (chaired by a retired High Court judge, with members from UPSC, state bodies, and others) to prepare a panel of three officers and appoint a DGP with a three-year tenure. This bypasses full UPSC vetting, arguing for state autonomy. The Bill was sent to the Governor who referred it to the President for assent but remains pending.

Punjab cited this Bill in its November 2024 reply to the Supreme Court, claiming it aligns with the 2006 ruling while allowing local control. However, similar state laws have been challenged or suspended by the SC for conflicting with central guidelines.

Senior-most IPS officers in Punjab

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As of now the senior-most IPS officer in Punjab is Sanjeev Kalra, a 1989 batch officer who is due to retire on February 28, 2026. Another officer of the same batch, Parag Jain, is on central deputation and is heading the Research and Analysis Wing (R&AW).

The next senior in line are officers of 1992 batch which include Sharad Satya Chauhan, Harpreet Singh Sidhu, Kuldeep Singh and Gaurav Yadav. Sidhu was on deputation with ITBP and was repatriated to Punjab cadre in September 2024 at his own request. He has been awaiting a posting since that time.

 

© The Indian Express Pvt Ltd

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