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    Question

    Case Scenario: The Central Government wishes to

    strengthen the DSPEā€™s presence in a sensitive State. It seeks to (i) appoint a number of officers to posts of Superintendent of Police and above (except Director) in the DSPE, and (ii) later curtail the tenure of one SP rank officer before completion of his term. Under Section 4C of the DSPE Act, which of the following is the correct procedural path?
    A Central Government may appoint and curtail tenure directly by executive order, DSPE Act being silent Correct Answer Incorrect Answer
    B Central Government must act on recommendation of a Committee chaired by the Central Vigilance Commissioner, which must consult the Director before recommending, and the Government then passes orders to give effect to the recommendation Correct Answer Incorrect Answer
    C Appointments and curtailment must be recommended by the Committee under Section 4A(1) which also selects the Director Correct Answer Incorrect Answer
    D Appointments require recommendation of the UPSC; curtailment is at Directorā€™s discretion Correct Answer Incorrect Answer
    E Both appointments and curtailment require prior approval of the State Government concerned Correct Answer Incorrect Answer

    Solution

    Section 4C(1) provides that the Central Government shall appoint officers to SPā€‘level and above (except Director) and recommend extension or curtailment of their tenure ā€œon the recommendation of a committeeā€ consisting of the Central Vigilance Commissioner as Chairperson, Vigilance Commissioners and specified Secretaries, with a proviso that the Committee shall consult the Director before recommending; Section 4C(2) then requires the Central Government to ā€œpass such orders as it thinks fit to give effect to the said recommendation.ā€

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