CBI no 2 Rakesh Asthana moves SC against Centre's decision to divest him of duties

While the CBI Director was given opportunities to respond to the complaint before the CVC, Asthana was divested of his office without being granted any opportunity to respond.

Published: 27th October 2018 12:57 AM  |   Last Updated: 27th October 2018 01:00 AM   |  A+A-

Rakesh Asthana. (Photo | Twitter)


NEW DELHI: Special Director Rakesh Asthana, embroiled in an unprecedented feud with CBI Chief Alok Verma, moved the Supreme Court on Friday challenging the Centre's decision to divest him of duties and sending him on leave and claimed that he was a "whistle-blower".

In his petition, Asthana has also sought the removal of the CBI director from his post.

When a bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph was hearing Verma's petition, the counsel appearing for Asthana drew the attention to the plea filed by him.

However, the bench said that it cannot grant any hearing on the oral submission as Asthana's petition was not before it.

"We cannot hear something which is not before us," the bench said.

READ: Here's a quick recap of how war within CBI unfolded

Senior advocate and former Attorney General Mukul Rohatgi, appearing for Asthana, submitted that the petition has been filed before the Registry and sought that it be listed on October 29.

"We will see," the bench said.

Rohatgi further said that Asthana has also been made a party in the PIL, filed by NGO 'Common Cause', seeking the court-monitored SIT probe into allegations of corruption against top officials of the probe agency.

Asthana, a 1986-batch Gujarat-cadre IPS officer who had probed the sensational fodder scam cases involving former Bihar chief ministers Lalu Prasad and Jagannath Mishra, has sought setting aside of the October 23 decision of the Department of Personnel and Training (DoPT) to divest him of his power and sending him on leave.

The petition, filed through lawyer Amit Anand Tiwari, referred to the sequence of events and said it was Asthana who has acted as whistle-blower by approaching the Central Vigilance Commission (CVC) on August 24, 2019 with the corruption complaint against the CBI Director.

While the CBI Director was given opportunities to respond to the complaint before the CVC, Asthana was divested of his office without being granted any opportunity to respond.

ALSO READ: Alok Verma remains CBI Director, Asthana Special Director, Rao given only interim charge: CBI 

The Special Director's plea accused the Centre of siding with the corrupt CBI chief and alleged that he has been victimised for his bonafide actions.

The action against him cannot be taken on the ground of parity, it added.

Asthana had on August 24 had lodged a complaint to the Cabinet Secretary alleging misconduct by CBI Director and the matter was referred to the CVC for further action.

CVC still waiting for CBI report on year-old secret note with allegations against Rakesh Asthana

The CBI Director, in turn, told the CVC that Asthana was facing probe in six cases of corruption.

The probe agency then, on October 15, lodged the FIR with bribery allegations against Asthana, Deputy Superintendent of Police Devender Kumar, Dubai-based investment banker Manoj Prasad and his brother Somesh Prasad.

Kumar is in the CBI custody.


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp