SC refuses to hear contempt pleas against Jharkhand DGP’s appointment

New Delhi, Aug 18 (PTI) The Supreme Court on Monday refused to examine contempt petitions challenging the appointment of Jharkhand Director General of Police (DGP) Anurag Gupta, observing its contempt jurisdiction couldn't be invoked to settle political rivalries.

“In the Jharkhand case, we do not want contempt jurisdiction to be used to settle political scores. If you have a problem with a particular appointment then go to the CAT (Central Administrative Tribunal)... I have been saying it time and again that if you have to settle your political scores then go before the electorate," Chief Justice of India B R Gavai said.

The CJI bench also comprising Justices K Vinod Chandran and N V Anjaria then refused to entertain contempt pleas including the one filed by Akhil Bhartiya Adimjanjati Bikas Samiitee Jharkhand and BJP leader Babulal Marandi.

The bench noted the PIL jurisdiction was evolved by the top court for people belonging to disadvantaged classes.

“The PIL mechanism was devised to allow access to justice for disadvantaged sections. It cannot be a tool for contesting promotions or appointments between competing officers,” the CJI said.

The appropriate remedy for officers aggrieved by appointments or transfers was before statutory fora such as CAT and not in PILs or contempt proceedings, it added.

The petitions before the bench challenged Gupta’s appointment for violating the Prakash Singh guidelines, which mandates selection of DGPs from among three senior-most IPS officers empanelled by the Union Public Service Commission and sets a fixed two-year tenure for them.

Gupta was alleged to have already reached the age of superannuation on April 30 and the plea said the state’s move to seek an extension for him was contrary to the rules.

The Centre reportedly rejected the proposal for extension.

During the hearing, amicus curiae and senior advocate Raju Ramchandran said the pending writ petitions before the Jharkhand High Court would be withdrawn and filed before the apex court for consolidated adjudication.

The bench noted one of the contempt petitions was essentially directed against the Jharkhand chief secretary, alleging non-compliance with the Prakash Singh verdict.

“If any officer feels he has been illegally superseded or denied a legitimate claim, remedies are available under law,” the CJI said, “we cannot convert contempt jurisdiction into a forum for such service disputes.” On July 24, the top court agreed to hear a plea of a social activist after senior advocate Anjana Prakash said the guidelines for appointment of DGP laid down by this court were not followed in Gupta's case. PTI SJK SJK AMK AMK