Delhi Police Commissioner Rakesh Asthana got relief. (File Photo)
The Delhi High Court has ordered Gujarat cadre IPS officer Rakesh Asthana (Delhi Police Commissioner Rakesh AsthanaA PIL challenging the appointment of the police commissioner of the city was dismissed on Tuesday. A bench of Chief Justice DN Patel and Justice Jyoti Singh pronounced this order on a petition filed by advocate Sadre Alam. The petition also sought quashing of the July 27 order of the Ministry of Home Affairs appointing Asthana as the Delhi Police Commissioner and the order granting inter-cadre deputation and extension.
The petition had said, “The relevant order (of the Ministry of Home Affairs) is in clear violation of the directions passed by the Supreme Court of India in the Prakash Singh case, as the respondent No. 2 (Asthana) did not have a minimum tenure of six months left; No committee of UPSC (Union Public Service Commission) was formed for appointment of Delhi Police Commissioner and the criterion of minimum tenure of two years was ignored. On the other hand, the Center had said in its affidavit that in view of the various challenges related to law and order in the national capital, the decision to appoint Asthana and extend his service has been taken in the public interest. The Center had also said in its affidavit that no irregularities have been found in the appointment of Asthana as the Delhi Police Commissioner and that his appointment has been made keeping in mind all the rules and regulations.
Appointment made a day before retirement
Let us inform that in the petition, the appointment of Rakesh Asthana as the Commissioner of Delhi Police just before retirement has been described as a violation of the rules and an appeal was made to cancel his appointment. In the petition challenging the appointment, it was said that the rule of deputation was not followed during the tenure of six months in connection with the appointment of Rakesh Asthana. However, the High Court said that Rakesh Asthana will continue in his post. His appointment was challenged by an NGO. The NGO Center for Public Interest Litigation (CPIL) had filed an intervention petition challenging the appointment of Rakesh Asthana.
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