Unprecedented Deadlock Over West Bengal DGP Appointment: UPSC Returns State Panel, Asks Govt to Approach SC
In its letter dated December 31, 2025, UPSC said Bengal government caused “abnormal and unexplained delay” in initiating DGP appointment process, violating Supreme Court guidelines.
Published : January 6, 2026 at 3:46 PM IST
Kolkata: With the Assembly elections a few months away, an unprecedented legal and administrative crisis has emerged over appointment of the next West Bengal Director General of Police (DGP).
The Union Public Service Commission (UPSC) has refused to process the panel of names proposed by the West Bengal government for the post and returned the proposal, directing the state to immediately seek clarification from the Supreme Court.
In a letter dated December 31, 2025, signed by Nand Kishore Kumar, Director (AIS) of UPSC, the Commission categorically stated that the state government had caused an “abnormal and unexplained delay” in initiating the DGP appointment process, in clear violation of Supreme Court guidelines. Given the circumstances, the UPSC said it was not in a position to proceed and advised the state to approach the Supreme Court for appropriate directions.
At the heart of the dispute lies the landmark Supreme Court judgment in the Prakash Singh case and the state government’s prolonged delay in complying with it. The UPSC letter notes that the post of DGP (head of police force) in West Bengal is deemed to have fallen vacant on December 28, 2023. As per Supreme Court directives, the state government was required to send a panel of eligible officers to the UPSC at least three months before the retirement of the incumbent DGP.
Quoting the apex court’s directions, the letter stated, “(a) All States shall send their proposals to the Union Public Service Commission well in advance, at least three months prior to the date of retirement of the incumbent Director General of Police, keeping in mind the anticipated vacancy.”
By this standard, the West Bengal government should have submitted its proposal by September 2023. However, the UPSC pointed out that the state failed to adhere to the timeline and submitted its proposal nearly one and a half years later, in July 2025.
Despite this significant delay, the Commission convened a meeting of the empanelment committee on October 30, 2025. However, owing to the delayed submission, serious differences arose among committee members regarding the actual date of vacancy and the legal validity of proceeding with the empanelment. Faced with this uncertainty, the UPSC sought legal opinion from the Attorney General of India.
The Attorney General’s opinion proved deeply uncomfortable for the state government. Citing his observations, the UPSC stated, “…the delay on the part of the State Government in sending the proposal for empanelment is excessive. Upon examination of the applicable rules and precedents, I do not find any provision that empowers the UPSC to condone such abnormal delay and proceed as if no irregularity has occurred.”
The Attorney General further warned that accepting the state’s proposal would lead to serious inconsistencies, as delayed reporting of the vacancy could deprive eligible officers of a fair opportunity to be considered for empanelment.
He also underlined that the state government should have approached the court earlier if it faced difficulties. “In case of any difficulty, the State Government ought to have approached the Supreme Court at the first instance… therefore, the most appropriate course would be for the State Government to seek permission or clarification from the Hon’ble Supreme Court.”
Based on this unequivocal legal opinion, the UPSC conveyed its final decision stating that the proposal sent by the West Bengal government for preparing a panel for appointment to the post of DGP is being returned, and the state is advised to seek appropriate directions from the Supreme Court.
DGP Rajeev Kumar is set to retire on January 31 while the West Bengal Assembly elections are scheduled around April-May. Thus, this administrative deadlock over the DGP's appointment represents a significant setback for the state government. All eyes are now on how the government justifies its one-and-a-half-year delay before the Supreme Court and whether it succeeds in securing relief from the apex court.
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