Bhubaneswar, August 11: The ongoing selection process of a new Director General of Police (DGP) row in Odisha has now reached the Supreme Court, with a Public Interest Litigation (PIL) filed alleging that the Odisha Government was attempting to circumvent the apex court's judgment on the appointment of the State's DGP by including ineligible officers in the selection panel.

Senior advocate P Chidambaram, appearing for the petitioner, mentioned the matter before a bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana which agreed to list the matter on Wednesday.

He alleged that the State withdrew a panel of officers sent to the Union Public Service Commission (UPSC) and was now preparing a fresh list.

According to Bar & Bench, Chidambaram further contended that the State was attempting to promote an Additional Director General of Police (ADGP) to the rank of DGP and then include the officer in the fresh panel sent to the UPSC.

Taking note of the submissions, CJI Kant said, “They (UPSC) are well aware of who is eligible and who can be considered. If a panel of ineligible officers is being sent, we expect the UPSC to act in accordance with our directions."

Under the framework governing DGP appointments, the post of DGP in the apex level 17 is to be filled by selection from among officers holding DGP-level posts in level 16. The Supreme Court had previously too held that Prakash Singh directions do not permit States to bypass the prescribed eligibility requirements merely because fewer eligible officers are available.

In Odisha, the process for selection of new DGP is underway as the incumbent DGP YB Khurania is set to retire on August 31.

The Bar & Bench reported that the top court was informed that the State had initially sent three names before forwarding a wider panel of 11 senior IPS officers to the UPSC. The Commission was scheduled to meet on August 7 to shortlist three officers for the post.

Today, Chidambaram submitted that the State's move was in breach of the Supreme Court's directions in the Prakash Singh case.

He said the State had sent a panel to the UPSC in April, but later withdrew it. In May, another panel comprising three DGPs and eight ADGPs was sent to the UPSC.

According to Chidambaram, the UPSC had on August 7 indicated that it would consider only officers at the DGP level.

"On August 7, the UPSC demurred and said, 'We will only consider the DGP level.' Then, on the meeting day, or the previous day, or during the meeting, they purported to withdraw the list. They are now frantically trying to prepare another list and send it," he contented.

Meanwhile, the Odisha Government on Monday promoted two senior IPS officers of 1994-batch - Sanjeeb Panda and YK Jethwa - to the DG rank in level-16 pay matrix with immediate effect and are posted in-situ until further orders.

The timing of the promotions is significant as it comes in the midst of the ongoing selection of the next DGP of Odisha.

For the context, the first meeting of the UPSC empanelment committee on August 7 had remained inconclusive and the UPSC panel will meet again to finalise the three names from which the State Government will select the DGP. Though 1990 batch officer Sudhansu Sarangi along with RP Koche and Susanta Nath, both of 1993 batch, are in the race, in the last meeting of the UPSC panel, the Government had reportedly sought to withdraw the integrity certificate of one of the officers.

Sources said that the State will forward a fresh panel of DGP probables - 1990‑batch Sudhanshu Sarangi (DG, Fire Services) and 1993‑batch officer R P Koche (Director, Intelligence), Sanjeeb Panda and Yeshwant Jethwa - to the UPSC for shortlisting three candidates for selection of the new DGP.