The Delhi High Court on Wednesday adjourned the hearing on a petition challenging the appointment of Gujarat-cadre IPS officer Rakesh Asthana as Delhi Police Commissioner for next week.
A Bench of Justices D.N. Patel and Jyoti Singh asked the counsel for the government to find out, by next hearing, if any other court was seized of a similar petition against Mr. Asthana.
The petition filed by one Sadre Alam has contended that the 1984-batch IPS officer, serving as the director general of Border Security Force, was appointed Delhi Police Commissioner on July 27, just four days before his superannuation on July 31.
‘Appointment illegal’
Mr. Alam, in his plea, argued that the decision of the Ministry of Home Affairs and the Appointments Committee of Cabinet in appointing Mr. Asthana for the post was “completely illegal on multiple grounds”.
The plea said the appointment was “in clear and blatant breach” of the directions of the Supreme Court as Mr. Asthana “did not have a minimum residual tenure of six months”, and that no Union Public Service Commission panel was formed for appointment of the Delhi Police Commissioner.
Rule violation
The petition further submitted that the appointment of the police commissioner violates the fundamental rule which stipulates “no government servant shall be granted extension in service beyond the age of retirement of 60 years”. The appointment was also in violation of the policy regarding Inter-Cadre deputation of All India Service Officers as prescribed under the Department of Personnel and Training’s Office Memorandum of November 8, 2004.
The petition also pointed out that the appointment of Mr. Asthana “has been strongly criticised by former IPS officers of high standing such as Julio Ribeiro, who has served in the past as Commissioner of Police, Mumbai; Director General of CRPF, DGP Gujarat and DGP Punjab, among others”.
