NEW DELHI: The Supreme Court on Friday issued a notice to the Central government and IPS officer Rakesh Asthana on a plea filed by NGO Centre for Public Interest Litigation (CPIL) challenging his appointment as Commissioner of Delhi Police.
A bench of Justices D Y Chandrachud and A S Bopanna issued notice against a judgment of the Delhi High Court which dismissed the challenge to Asthana’s appointment, stating that there was no violation of the Supreme Court’s Prakash Singh judgment or any violation of service rules that merited the High Court’s interference in the appointment. Asthana was serving as the Director-General of Border Security Force and got appointed as the Commissioner on July 27.
The plea contended that Asthana has been appointed for one year, when the judgment says it has to be for two years. For being appointed as police chief, there has to be a residual tenure of six months, which was not followed in this case.
But High Court found merit in the Central government’s contention that Delhi has its own characteristics, peculiar factors, complexities and sensitivities, which are far lesser in any other Commissionerate. The petitioner had alleged the violation of various service rules in appointing Asthana as DCP by granting inter-cadre deputation and extension of service days before his retirement. The Court, however, concluded that the Central government had the power to relax some of the rules cited.