- (1.) I.A.No.25307 of 2018
(2.) Heard Mr.K.K.Venugopal, learned Attorney General for Union of India along with Mr.Maninder Singh, learned Additional Solicitor General, Mr.Prashant Bhushan, learned counsel for the petitioner and Mr.Gopal Sankaranarayanan, learned counsel for the intervenor.
(3.) This is an application for modification of the judgment in Prakash Singh and others vs. Union of India & others, 2006 8 SCC 1. In the said judgment the Court has prescribed a minimum tenure for Director General of Police. Direction No.2 given in the said judgment, which is relevant for the present purpose, reads thus: "(2) The Director General of Police of the State shall be selected by the State Government from amongst the three seniormost officers of the Department who have been empanelled for promotion to that rank by the Union Public Service Commission on the basis of their length of service, very good record and range of experience for heading the police force. And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties.";