The Delhi High Court on Tuesday dismissed the petition challenging the appointment of Gujarat-cadre IPS officer Rakesh Asthana as Police Commissioner of Delhi.
The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh passed the order on a petition filed by one Sadre Alam. the Court had reserved its judgment on the case on September 27.
Advocate B.S. Bagga, representing the petitioner, had contended that Asthana’s appointment was in contravention with Rule 56(d) of the Fundamental Rules issued by the Department of Personnel and Training, wherein it was specified that no officer can be granted an extension of service beyond the age of retirement of 60 years. He further contended that Asthana’s appointment has been made in violation of directions issued by the Apex Court in the case of “Prakash Singh vs Union of India”.
Arguing that Asthana’s appointment was in violation with the Prakash Singh judgment, Senior Advocate Prashant Bhushan, appearing on behalf of the intervenor NGO Centre for Public Interest Litigation that had claimed that the petition before the High Court is a copy paste of the NGO’s petition before the Apex Court, submitted that no UPSC panel was formed for selection of the Delhi Police Commissioner.
“First, the UPSC must prepare a list of Officers who are empanelled on the basis of their length of service, very good record and range of experience, for heading the Police force… The Government can select one out of those three, but the three names must come from the UPSC. This is another violation that has happened in this case…UPSC was not even consulted in this matter by the Union,” he stated.
Bhushan pointed out that the criteria of having a minimum residual tenure of six months at the time of such appointments, as also the criteria of having a minimum tenure of two years, as laid down in Prakash Singh case, have also been ignored.