The Principal Bench of the Central Administrative Tribunal (CAT) has directed the State of West Bengal to resubmit its proposal for empanelment to the post of Director General of Police (Head of Police Force) and ordered the Union Public Service Commission (UPSC) to convene a meeting of the Empanelment Committee by January 28, 2026, to prepare the panel in accordance with the applicable guidelines. It is significant that West Bengal has not had a full-time DGP since December 27, 2023. The present Acting DGP, Rajeev Kumar, is due to retire on January 31, 2026, making the issue of empanelment time-sensitive.
The interim directions were passed by a Bench comprising Justice Ranjit More (Chairman) and Rajinder Kashyap (Member–Administrative) while granting relief to a senior IPS officer, Dr. Rajesh Kumar, who had approached the Tribunal seeking timely empanelment for appointment as the DGP of West Bengal in accordance with the directions issued by the Supreme Court in Prakash Singh v. Union of India.
The applicant is a 1990-batch IPS officer of the West Bengal cadre and is presently serving as Principal Secretary, Department of Mass Education Extension and Library Sciences, Government of West Bengal. He is due to superannuate on January 31, 2026, and contended that any further delay in the empanelment process would irreversibly prejudice his right to be considered for appointment to the post of DGP.
The vacancy for the post of DGP (Head of Police Force) arose on December 27, 2023. However, the State of West Bengal forwarded its proposal for empanelment to the UPSC only on July 16, 2025, comprising the names of ten IPS officers, including the applicant. Subsequently, by a communication dated December 31, 2025, the UPSC returned the proposal, citing the delay on the part of the State Government and advising it to seek clarification or leave from the Supreme Court.
Challenging this communication, the applicant contended that under the Supreme Court’s directions in Prakash Singh, proposals for empanelment are required to be forwarded at least three months prior to the vacancy. He argued that once the proposal was received, the UPSC was duty-bound to proceed with the empanelment process and could not defeat his fundamental right to be considered for promotion on account of administrative delay attributable to the State.
The UPSC opposed the plea, submitting that a meeting of the Empanelment Committee had been held on October 29, 2025, but owing to differences of opinion, the matter was referred for the opinion of the Attorney General of India. It was further contended that a policy decision dated January 8, 2026, governed the handling of delayed proposals.
Rejecting the preliminary objections raised by the UPSC, the Tribunal observed that prolonged inaction by a constitutional authority could not be ignored. It reiterated that the right to be considered for promotion is a fundamental right and held that judicial review would extend to examining whether such a right was being defeated by administrative inaction.
Relying on the Supreme Court’s decision in Tej Prakash Pathak v. Rajasthan High Court, the Tribunal held that the rules of procedure governing empanelment could not be altered midway during an ongoing process. It further observed that the policy decision dated January 8, 2026, could not be applied retrospectively to a proposal that had been initiated on July 16, 2025. The Bench also noted that statutory timelines for performance of duties are generally directory in nature and not mandatory.
The Tribunal categorically held that any delay attributable to the State Government could not operate to the prejudice of the applicant’s right to be considered for appointment. Accordingly, granting interim relief, it stayed the effect of the UPSC’s communication dated December 31, 2025.
Issuing specific directions, the Tribunal ordered that the State of West Bengal shall resubmit the proposal for empanelment to the post of DGP (HoPF) to the UPSC on or before January 23, 2026, both by email and through special messenger. It further directed the UPSC to convene a meeting of the Empanelment Committee on or before January 28, 2026, prepare the panel strictly in accordance with the applicable guidelines, and forward the same to the State Government by January 29, 2026. The State was thereafter directed to take an appropriate decision on appointment from the panel as expeditiously as possible. The matter has been listed for further consideration on March 11, 2026.
Appearance: Senior Advocate Mr. Sanjoy Ghose, assisted by Mr. Nipun Arora and Mr. Rohan Mandal, appeared for the Petitioner. Mr. R. V. Sinha, Mr. K. K. Sharma, Mr. Aman Sharma, Mr. Suryansh Singh, Mr. A. S. Singh, Ms. Shriya Sharma, and Ms. Jyoti Garg appeared for UPSC. Mr. Jalaj Agarwal appeared for the Union of India. Senior Advocate Mr. A. K. Behera, assisted by Ms. Madhumita Bhattacharjee, Mr. Debanjan Mandal, Mr. Kartikey Bhatt, and Mr. Tanish Arora, appeared for the State of West Bengal.
Cause Title: Dr. Rajesh Kumar v. Union Public Service Commission and Ors
Case Number: O.A. No. 213/2026
Coram: Justice Ranjit More (Chairman) and Mr Rajinder Kashyap (Member A)
