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Supreme Court of India 2021-11-16 dismissed

Mohd. Mustafa vs Union of India & Ors

Bench: 3 — L. Nageswara Rao, Sanjiv Khanna, B.R. Gavai

In Brief

The Supreme Court upheld the appointment of Mr. Dinkar Gupta as Director General of Police (Head of Police Force) of Punjab against challenges by two senior police officers. The Court confirmed that UPSC's 2009 Draft Guidelines for DGP selection faithfully implement the Prakash Singh judgment's criteria (seniority, good record, and range of experience). The identification of five core policing areas for assessment was held not arbitrary but tailored to Punjab's needs. Regarding alleged bias by the then-DGP (a selection committee member), the Court applied estoppel principles: the appellants had known of his participation from published reports but raised bias objections only after their non-selection, constituting waiver. Courts do not reassess expert selections unless vitiated by bias or mala fides. The appeals were dismissed.

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Constitutional Law Administrative Law Judicial Review Civil Service Police Administration Public Service Commission Selection and Appointment Bias and Prejudice Procedural Fairness Estoppel

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