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Thursday, August 5, 2010

SCIENCE OF THE MATTER - HC punches holes in SSPs rulebook

Entry by chemistry is alright.But exit should be by physics Is this what you are trying to tell us This was the question posed by the AP High Court to the counsel representing former DGP of state, SSP Yadav on Wednesday. The bench comprising Justice Goda Raghuram and Justice Reddy Kantha Rao was hearing a petition filed by Yadav that challenged his removal from the DGP post and the consequent replacement of current DGP R R Girish Kumar.The bench which was hearing J Sudheer,Yadavs counsel,sought to know from him if it is alright for his client to accept a process when it suits him and question the same when it was not to his liking.The benchs chemistry and physics remarks refer to Yadavs proximity with the late chief minister Y S Rajasekhara Reddy (chemistry) and the Rule of Law (physics).

Sudheer replied saying that state and the Centre had acted in an illegal manner by creating new norms for making Girish Kumar as DGP.Showing exigencies like extremism,growing Telangana agitations, etc., for bringing in Girish is incorrect as no such exigencies existed then,he said.In fact,Girish himself is the exigency and all other reasons are mere pretexts,he said. The bench referred to the apex court judgment in Prakash Singh case wherein it laid down two principles.One,that the UPSC should prepare a panel of three senior IPS officers from which one person would be selected for the top post.Two,the person so selected should have a fixed tenure of two years.Citing this,the bench asked whether Yadav has any case now since he was not selected in the first place in accordance with the first SC guideline.
Since you were not taken in as per the first guideline,can you ask for the implementation of the second guideline,that is fixed tenure, the bench asked Yadav.The bench also said it would examine the issue of the ex post facto approval given by the Centre for the creation of a fifth DGP post in the state.
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(source-toi)

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