Tenure of office for the Chief of Police

15.43 We have already referred to the weakening of the normal chain of command resulting from unauthorised interference with police work by political and other extraneous sources. To restore the capacity of the police as an organization to resist such pressures and illegal or irregular orders, we consider it would be extremely useful if the Chief of Police in a State is assured of a statutory tenure of office, without the Damocles* sword of transfer hanging over his head all the time, subject to political whim. Such a tenure of office will strengthen his position and enable him to stand up effectively against such pressures on the system. The tenure may be fixed as a period of four years or a period extending upto the date of his retirement or promotion in the normal course, whichever is shorter. This tenure should be put on a statutory basis by being included in a specific provision in the Police Act itself. It shall also be provided that the removal of the Chief of Police from the post before the expiry of the tenure period shall require approval from the State Security Commission m proposed in paragraph 15.46 infra, except when the removal is consequent on—(i) a punishment of dismissal/removal/compulsory retirement from service or reduction to a lower post, awarded under the provisions of All India Services (Discipline and Appeal) Rules ; or(ii) suspension ordered under the provisions of the above said Rules ; or(iii) retirement from service on superannuation in the normal course; or(iv) promotion to a higher ranking post either under the State Government or the Central Government, provided the officer had given his consent to the posting on promotion.
15.44 It shall be further provided that an officer who has functioned as Chief of Police shall, on retirement from service, be barred from re-employment under the State Government or the Central Government or in any public undertaking in which the State or the Central Government have a financial interestAppointment of Chief of Police
15.45 Any arrangement of protecting a functionary like the Chief of Police with an assured tenure of office has necessarily to be accompanied by a procedure to ensure a proper selection of the person so that the protection is not put to abuse. For this purpose we recommend that the posting of Chief of Police in a State should be from a panel of IPS officers of that State cadre prepared by a Committee of which the Chairman of the Union Public Service Commission will be the Chairman and the Union Home Secretary, the senior most among the Heads of Central Police Organisations, the Chief Secretary of the State and the existing Chief of Police in the State will be Members. In the absence of the Chairman of the Union Public Service Commission, the senior most Member of the Commission shall chair the Committee. The panel should not have more than three names at any time. Posting from the panel should be according to seniority : We visualise that in the future police set up at the Centre and m the States, the Chiefs of State Police and the Heads of Central Police Organisations will be of comparable status and it should be possible for the Central and State Governments to arrange for periodic inter-change of officers at this level without involving any loss of rank or status as experienced now. The association of the Central Government sad the State Government in jointly preparing this panel would ensure its acceptability to both and facilitate smooth inter-change of officers at the highest level in the normal course .