HC Advocate questions appointment of retired IPS officer as Haryana Police Complaints Authority Chief
Babushahi Bureau
Chandigarh, August 10, 2025 — Hemant Kumar, an advocate at the Punjab and Haryana High Court, has questioned the legality of the recent appointment of Dr. R.C. Mishra, IPS (Retd), as Chairperson of the State Police Complaints Authority (SPCA), Haryana.
In a memorandum addressed to the Governor, Chief Minister, and senior state officials, Kumar contends that the appointment contravenes both state law and the Supreme Court’s landmark judgment on police reforms.
On August 8, the Haryana Home Department issued an order appointing Dr. Mishra as Chairperson and Lalit Siwach, IAS (Retd), as Member of the SPCA under Section 59(2)(c) of the Haryana Police Act, 2007.
However, Kumar points out that the section explicitly states such appointments must be made by the Chief Minister, not the Governor, as the order specifies.
Citing the 2006 Supreme Court ruling in Prakash Singh vs. Union of India, Kumar emphasized that the state-level Police Complaints Authority should be headed by a retired High Court or Supreme Court judge, not former civil servants.
He also referenced a 2015 Punjab and Haryana High Court decision that quashed the appointment of a retired IAS officer as the UT Chandigarh Police Complaints Authority chief on similar grounds.
“While Dr. Mishra could serve as a member, the chairperson’s post should be held by a retired judge, in full compliance with the Supreme Court’s directives,” Kumar stated in his memorandum.
The advocate urged state authorities to rectify the appointments to ensure they align with the “majesty and sanctity” of the apex court’s police reform guidelines, warning that non-compliance could undermine the authority’s credibility.