New Delhi: The Delhi High court will today hear a petition challenging the appointment of IPS officer, Rakesh Asthana as the Delhi police commissioner. A bench headed by Chief Justice DN Patel will hear the matter. The Division Bench of Justice DN Patel and Justice Jyoti Singh had deferred the matter on September 8, after Solicitor General Tushar Mehta representing Centre sought time to file a reply in the matter.
The plea was filed by one Sadre Alam against the appointment of Asthana through Advocate BS Bagga, along with an intervention application by an NGO, which has challenged the appointment before the Supreme Court.
It said that he has filed the petition in public interest invoking the jurisdiction of the Delhi High Court under Article 226 of the Constitution of India.
READ:HC defers hearing of petitions on Rakesh Asthana's appointment as Delhi Police chief to Sept 16
The petition also sought further direction to initiate fresh steps for appointing the Commissioner of Police, Delhi, strictly in accordance with the directions issued by the Supreme Court of India.
The petitioner said that the IPS officer was due to retire on his superannuation that is July 31, 2021, but was granted an inter- cadre transfer I deputation to Respondent No.2 from his parent cadre of Gujarat to the AGMUT cadre (cadre for Arunachal Pradesh, Goa Mizoram other Union Territories including Delhi).
"Because impugned orders violate a number of statutory rules and violate the judgment of the Supreme Court of India in Prakash Singh vs Union of India regarding the eligibility, procedure for appointment and tenure of police chiefs," the petition said.
"Because the post of Commissioner of Police in Delhi is akin to the post of Director General of Police (DGP) of a State and he is the head of police force for the NCT of Delhi and therefore, the directions concerning the appointment to the post of DGP passed by the Supreme Court of India in Prakash Singh case (supra) had to be followed by the central government while making the impugned appointment," it added.
