By IANS,
New Delhi : The Supreme Court Friday sought the central government’s stand on a lawsuit by former Maharashtra police chief S.S. Virk, who has challenged his retirement from the post without completing a tenure of two years as laid down by an apex court ruling on police reform.
A bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice Deepak Verma sought the response of both the central and state governments as Virk contended he must have been allowed to continue at the post of state director general of police for at least two years despite reaching the retirement age.
Appearing for Virk, senior counsel Ram Jethmalani contended that the removal of Virk as DGP before completing the two-year tenure was against the apex court judgment on police reform.
It is also a question of implementation of the apex court ruling, said Jethmalani, arguing for the controversial police officer who faces a string of corruption charges in Punjab.
Virk, in his lawsuit, contended that the direction of the Supreme Court was unequivocal in ordaining that once a DGP has been selected, he should have a minimum tenure of two years regardless of the date of superannuation.
“The said direction is unequivocal in ordaining, with respect to the Director General of Police for any state, that once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation,” Virk said in lawsuit.
Virk was to retire as Maharashtra police chief on July 31 this year but the state government extended his tenure till Oct 31, which fell short of two year tenure envisaged by the apex court in its ruling, aimed at according stability and immunity from political interference.
The apex court also has before it a lawsuit that has challenged the three-month extension granted to Virk as Maharashtra police chief though he was due to retire on July 31, 2009.