Supreme Court Questions Jharkhand DGP Appointment Rules, Issues Notice to Tadasha Mishra

The Supreme Court on Thursday questioned the validity of Jharkhand's rules governing the appointment of the Director General of Police (DGP), observing prima facie that a key provision may be inconsistent with the principles laid down in its landmark Prakash Singh judgment on police reforms.

The court indicated that if the disputed provision is eventually struck down, the appointment of incumbent Jharkhand DGP Tadasha Mishra could also be affected. However, the Bench issued notice to Mishra, giving her an opportunity to present her case before any decision is taken.

A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a challenge filed by the Central government against the DGP and Inspector General of Police (Head of Police Force) Selection and Appointment Regulations, 2025, notified by the Jharkhand government on January 8, 2025.

The Centre has contended that the regulations were framed without the Supreme Court's approval and do not fully comply with the directions issued in the Prakash Singh case, which laid down a framework aimed at insulating police appointments and functioning from undue interference.

During the hearing, senior advocate Kapil Sibal, appearing for the Jharkhand government, questioned the Centre's decision to challenge only Jharkhand's regulations, pointing out that similar provisions exist in other states and that some state rules contain provisions that are, according to him, even more problematic.

Solicitor General Tushar Mehta, representing the Centre, rejected the suggestion that Jharkhand was being selectively targeted. He argued that any state regulation inconsistent with the Supreme Court's directions should be removed and submitted that the Union government had repeatedly informed Jharkhand that its DGP appointment process was not in conformity with the Prakash Singh guidelines.

The Centre has also raised questions over the appointment of former Jharkhand DGP Anurag Gupta, who was appointed on February 2, 2025, despite having only around three months of service remaining before his scheduled retirement on April 30, 2025.

The issue gained further significance after the Jharkhand government amended its regulations on December 29, 2025, removing the requirement that a candidate for DGP must have at least six months of residual service remaining.

Mishra was appointed as DGP on December 30, 2025, a day after the amendment. She was scheduled to retire on December 31, 2025.

The Supreme Court observed that the provision removing the minimum residual-service requirement appeared, prima facie, to be inconsistent with the legal principles established in the Prakash Singh judgment.

The Bench said that if the provision is ultimately struck down, the validity of Mishra's appointment could also come under question. In view of the possible impact on her appointment, the court directed that she must be given an opportunity to be heard and asked the Jharkhand government to serve her with the notice.

The court also gave the Jharkhand government liberty to reconsider the challenged regulation and submit its response.

The matter will be heard again after a week, by which time Mishra and the state government are expected to place their respective submissions before the court.

The proceedings could have wider implications for the manner in which states frame rules for appointing police chiefs, particularly where such rules differ from the framework established by the Supreme Court in the Prakash Singh case.