Plea In Delhi High Court Challenges Appointment Of IPS Officer Rakesh Asthana As Delhi Police Commissioner, Hearing Tomorrow

A plea has been filed in the Delhi High Court challenging appointment of IPS Officer Rakesh Asthana as the Delhi Police Commissioner.

Filed through Advocate BS Bagga, the plea challenges the order dated July 27 issued by the Central Government granting inter cadre deputation and extension of service to Asthana.

The plea also seeks direction to Centre through Ministry of Home Affairs for initiating fresh steps to appoint the Commissioner of Police, Delhi, strictly in accordance with the directions issued by Supreme Court in the case of Prakash Singh v. Union of India.

"It is submitted that the post of Commissioner of Police in Delhi is akin to the post of 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 Hon'ble Supreme Court of India in Prakash Singh casehad to be followed by the Central Government while making the impugned appointment," the plea reads.

The plea will be heard tomorrow by a division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh.

The plea avers that Asthana was appointed as Delhi Police Commissioner four days before he was due to retire on his superannuation on July 31.

In view of this, the plea alleges that the government rules have been given a complete go-by in order to "hand over the sensitive post of the Delhi Police Commissioner to their favoured IPS officer on the verge of his retirement."

"That in the instant case, the requirement for exercise of power under Rule 3 of the Residuary Rules [for relaxing the Requirement of Rule 16(1) of the Rules, 1958] is not satisfied. The impugned orders dated 27.07.2021 are the reform, completely illegal and clearly smack of mala fide, and have presumably been issued only to promote the interests of the Respondent No.2 as well as of those in the Central government," the plea reads.

The plea seeks the following prayers:

- Issue an appropriate writ, order or direction for quashing the impugned order, dated 27.07.2021, issued by the Respondent No.1 appointing Respondent No.2 as the Commissioner of Police, Delhi.

- Issue an appropriate writ, order or direction to Respondent No. I to produce the order/ communication of Appointments Committee of Cabinet vide No. 6/30/2021-EO (SM-1) dated 27.07.202lissued by it approving the inter-cadre deputation of Respondent No. 2 from Gujarat cadre to AGMUT cadre and further to extend his service period to 31.07.2021, i.e. one year beyond his date of superannuation, and to set-aside the said order.

- Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No.1 to initiate fresh steps for appointing Commissioner of Police, Delhi, strictly in accordance with the directions issued by the Hon'ble Supreme Court of India in Prakash Singh case viz., (2006) 8 SCC 1, (2019) 4 SCC 13and (2019) 4 SCC an officer of high integrity belonging the AGMUT cadre.

Title: SADRE ALAM v. UNION OF INDIA & ORS