The Supreme Court on Thursday questioned Jharkhand’s appointment of Tadasha Mishra as DGP just one day before her retirement. The court said, "The provision prima facie seems to be directly in the teeth of law laid down in Prakash Singh case." Judges asked the state to revisit its controversial police rules.
New Delhi: The Supreme Court on Thursday said Jharkhand's rules for appointing its director general of police appeared to conflict with its ruling in the Prakash Singh case and sought the response of senior IPS officer Tadasha Mishra, who was appointed state police chief a day before her scheduled retirement.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was told by senior advocate Kapil Sibal, appearing for Jharkhand, that the state would revisit the rules.
The court said Mishra must be given an opportunity to respond because her appointment would be affected if the rules were struck down.
"The provision prima facie seems to be directly in the teeth of law laid down in Prakash Singh case (verdict). In the event of the rule being annulled, appointment of Tadasha Mishra, DGP of Jharkhand, would be required to be set aside. We therefore deem it appropriate to accord her the opportunity to be heard," it said.
Under the Prakash Singh ruling, an officer must have at least six months of service remaining to be considered for the DGP's post.
The bench asked the Jharkhand government to issue notice to Ms Mishra so that she could appear and assist the court.
"Meanwhile, the state may revisit the offending rule. Post after one week. Alternatively, the State shall be at liberty to file counter affidavit, if any," it said.
The court asked senior advocate Raju Ramachandran, appointed amicus curiae in the case, to examine the validity of Jharkhand's rules governing DGP appointments.
It also asked him to examine statutes or regulations adopted by other states and appointments made under them. The UPSC would assist the amicus in this exercise, the court said.
Chief Justice Kant said appointments contrary to the Supreme Court's ruling would have to be set aside.
The Centre has challenged the 'Selection and Appointment of Director General and Inspector General of Police, Jharkhand (Head of the Police Force) Regulation, 2025', notified on January 8, 2025.
The regulation provided for a nomination committee to select the DGP and originally required eligible officers to have at least six months of service remaining. It also provided for a panel of three to five officers.
The state amended the regulation on December 29, 2025, and appointed Ms Mishra the following day, a day before her scheduled retirement.
Solicitor General Tushar Mehta, appearing for the Centre, said the Union government had repeatedly told Jharkhand that its rules were contrary to the Prakash Singh judgment and could not be sustained.
Similar rules adopted by any other state must also be struck down, irrespective of the party in power, he said.