Maharashtra acting DGP Sanjay Pandey blue eyed boy of State: Bombay High Court

The Maharashtra government on Thursday assured the Bombay High Court that it will reconsider the appointment to the post of the Director General of Police (DGP) post after taking into account the recommendations made by the Union Public Service Commission (UPSC) [Datta Mane v. State of Maharashtra & Ors.]..This assurance came after the Bench of Chief Justice Dipankar Datta and Justice MS Karnik admonished the Maharashtra government for giving special preference to present acting DGP Sanjay Pandey who the Bench termed 'blue-eyed' boy of the State."We find from the records, that he (Pandey) happens to be blue eyed officer of State government. State government has gone out of its way to upgrade his (score based on Annual Confidential Report) ACR," the Bench remarked.The Bench was hearing a plea filed by Mumbai lawyer Datta Mane, who claimed that the current DGP of Maharashtra Sanjay Pandey was merely an ‘acting DGP’ and not one of the candidates whose name had been suggested by former chief secretary Sitaram Kunte to the Empanelment Committee of the UPSC.Advocate General Ashutosh Kumbhakoni argued that when previous DGP Subodh Jaiswal was appointed Director of the Central Bureau of Investigation, there was a void that was created that was required to be filled immediately. He pointed out that Pandey was the senior most in the department, and there was no one above him.The Bench, however, noted that Pandey had sought to review his score in 2019, which was dismissed by the Referral Board. Post that he filed for a second review, and got his score upgraded.CJ Datta condemned the same, stating that Pandey ought to have followed the procedure in law and approached the Court sooner. "He could be the officer of highest integrity, but he isn't legislature. Let us assume the entire procedure is vitiated, it still is binding. You cannot create your own rights. Whatever you have done is ex-facie contrary to law, and you want us to turn a blind eye to it," CJ Datta retorted. The Bench noted that once Pandey is appointed the 'permanent DGP', he will not be in a position to discharge his duty as per the Supreme Court ruling in the Prakash Singh case. "Once he (Pandey) is appointed as state DGP, there will be a relationship of give and take," CJ Datta stated..The Advocate General on instructions informed the Court that the State is willing to reconsider the recommendations made by the UPSC Committee..Pandey was also permitted to be impleaded in the plea to seek a response on the personal allegations made against him in the plea. He contended that the UPSC committee had overlooked his score while sending recommendations, and that was under consideration by the committee..Advocate Abhinav Chandrachud appeared for Mane. Additional Solicitor General Anil Singh with advocates Akshay Thakkar and DP Singh appeared for the UPSC Committee.Senior Advocate Navroz Seervai with advocates Saket Mone, Subit Chakrabarti, Abhishek Salian from Vidhi Partners appear for Pande.