Putting all speculations to rest, the Uttar Pradesh government on Wednesday appointed IPS officer Prashant Kumar as the new acting director of police (law and order).
Prashant Kumar will replace Vijay Kumar who retired on Wednesday. This is the fourth consecutive time that the state government has appointed an acting DGP instead of the regular DGP.
“I am extremely grateful to the distinguished Chief Minister of the state Shri @myogiadityanath ji for his trust and blessings in this honorable duty. #UPPolice will continue to eliminate mafia and criminal elements while strengthening trust and security by working with families and citizens of the state Basics,” Prashant Kumar said in a post on X soon after his appointment.
Kumar, who was born in Sivan, Bihar, is a 1990-batch IPS officer. He completed his MBA, MSc and MPhil before qualifying with the Indian Police Service and qualified to the Tamil Nadu cadre after his appointment.
Kumar has been awarded the Police Medal three times and received the Gallantry Award in 2020 and 2021. The President also awarded him the Police Medal for Valor.
The Uttar Pradesh government appointed him as Assistant Director General to combat crime in the western region of the state. Kumar currently serves as Special Director General for Law and Order.
The order, signed by Chief Home Secretary Sanjay Prasad, said Prashant Kumar will also assume the additional duties of acting attorney general until a permanent appointment is made, state government officials said. He will also serve as director-general of the economic crimes unit alongside the acting state police commissioner.
Kumar’s appointment comes as a big blow to other officers who are considered front-runners for the top post, including four DG officers of the 1989 batch and nine DG officers of his own batch.
Before Prashant Kumar’s appointment, Vijay Kumar was also appointed as acting DGP. He also succeeded the then Acting Inspector General of Police Dr Raj Kumar Vishwakarma, who also held the post of Chairman, UP Police Recruitment and Promotion Board. He also replaces then-acting deputy attorney general Devendra Singh Chauhan, who served for nearly 11 months before retiring.
The Yogi Adityanath-led government appointed Chouhan after ousting Goel, accusing him of “inaction” and “lack of interest in work”.
Goel was the last regular DGP in the state and currently serves as Director General of Civil Defense; he will retire in February 2024.
DGP selection criteria
Senior officials said that as per norms, the DGP is selected by the state government from among the three most senior officers and the UPSC selects officers for promotion to the rank based on their years of service, record and scope of experience.
The elected officer shall serve for a minimum period of two years regardless of pension date. However, if any action is taken against the DGP under the All India Services (Disciplinary and Appeals) Rules or upon conviction in an Indian court, the state government in consultation with the National Security Council may relieve the DGP of his responsibility. Criminal offense or corruption case, or the official is otherwise unable to perform his or her duties.
Appointment of deputy director-general sparks controversy
In 2022, a Delhi-based lawyer named Brajesh Singh challenged the system of appointing acting DGP, saying it violated the Supreme Court order. Singh had challenged the appointment of acting attorney general in two states, Uttar Pradesh and Punjab, in a contempt petition, claiming that the consecutive appointment of acting attorney general in Uttar Pradesh was in complete violation of the Supreme Court order.
In 2006, the Supreme Court stated in a judgment that there was no “concept” of “acting DGP”. Further, the Supreme Court noted that the tenure of the DGP should be at least two years as there is a need to protect the office of the DGP from political influence. ” the petition states.
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