PUNJAB & HARYANA HIGH COURT DIRECTS PUNJAB GOVT TO APPOINT REGULAR DGP, SEEKS COMPLIANCE AFFIDAVIT FROM CHIEF SECRETARY

Subhash Jindal/Chandigarh

The Punjab & Haryana High Court on Wednesday directed the State of Punjab to appoint a regular Director General of Police (Head of Police Force), Punjab, in accordance with the binding directions of the Hon’ble Supreme Court, in a Public Interest Litigation (CWP(PIL)-252-2026) filed by Advocate Nikhil Thamman.

During the hearing, the State of Punjab informed the Court that the Hon’ble Supreme Court had already taken cognizance of the matter and that a compliance affidavit had been filed before the Supreme Court. A copy of the said affidavit was also annexed with the affidavit submitted before the High Court today. The compliance affidavit reportedly states that the panel recommended by the Union Public Service Commission (UPSC) for appointment of the DGP, Punjab, is under active consideration of the State Government.

Upon consideration of the submissions made by the State, the High Court directed the Punjab Government to appoint a regular DGP and further ordered that a compliance affidavit of the Chief Secretary, Government of Punjab, be filed before the Court on next date 13.10.2016

The PIL, filed by Advocate Nikhil Thamman, highlights that Punjab has not had a regular DGP (Head of Police Force) for more than four years, with the highest post in the State Police Force continuing under an additional-charge arrangement.

The petitioner Advocate Nikhil Thamman has contended that such a prolonged arrangement raises serious institutional concerns, as an officer holding the post merely on additional charge may remain in a potentially compromising position, without the institutional security and assured tenure contemplated for a regularly appointed DGP. The petitioner Advocate Nikhil Thamman has further submitted that stable and independent leadership at the highest level of the police force is essential for upholding the Rule of Law and maintaining public confidence in policing.

The PIL relies upon the landmark judgment of the Hon’ble Supreme Court in *Prakash Singh & Others v. Union of India & Others*, (2006) 8 SCC 1, and the subsequent order dated 13.03.2019, reported as (2019) 4 SCC 13, wherein the Supreme Court prescribed the procedure for selection and appointment of State DGPs through UPSC empanelment and categorically held that there is no concept of an “acting” DGP.

Advocate Nikhil Thamman stated that the PIL has been filed in larger public interest to ensure strict compliance with the binding directions of the Hon’ble Supreme Court and to secure stable, independent and legally compliant leadership at the highest level of the Punjab Police.

The matter has been adjourned to 13.10.2026, by which date the State Government is required to place its compliance on record through an affidavit of the Chief Secretary, Government of Punjab.