Question

Case Scenario: The Central Government wishes to

Q: Answer-Case Scenario: The Central Government wishes to strengthen the DSPE’s presence in a sensitive State....

Section 4C1 provides that the Central Government shall appoint officers to SPlevel and above except Director and recommend extension or curtailment of their tenure on the recommendation of a committee 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 4C2 then requires the Central Government to pass such orders as it thinks fit to give effect to the said recommendation.

strengthen the DSPE’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

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

C Appointments and curtailment must be recommended by the Committee under Section 4A(1) which also selects the Director

D Appointments require recommendation of the UPSC; curtailment is at Director’s discretion

E Both appointments and curtailment require prior approval of the State Government concerned

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