The Central government on Wednesday opposed a petition challenging the appointment of Gujarat-cadre IPS Officer Rakesh Asthana as Commissioner of Police in Delhi, and extension of his service by a year.
The Union of India through Additional Solicitor General (ASG) Chetan Sharma opposed the Petition, raising the issue of locus standi of the petitioner.
The partial arguments were heard by the Division Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh on Wednesday.
Meanwhile, the Delhi High Court asked the respondents Union Ministry of Home Affairs and Delhi Police counsel to find out, if any similar plea is pending in any other forum, etc. After hearing the part arguments in the matter court deferred the matter for August 24.
The plea was filed by one Sadre Alam through Advocate BS Bagga.
The petition has sought an appropriate writ, order, or direction for quashing the impugned order, dated July 27, issued by the Respondent Union of India (UOI) appointing Asthana as the Commissioner of Police, Delhi, and direction to Respondent Union of India to produce the order/communication of Appointments, Committee of Cabinet vide order dated July 27, issued by it approving the inter-cadre deputation of Asthana from Gujarat cadre to AGMUT cadre and further to extend his service period to July 31, i.e. one year beyond his date of superannuation, and to set aside the said order.
The petitioner also sought to issue a writ of mandamus or any other appropriate writ, order, or direction to respondent number 1 to initiate fresh steps for appointing Commissioner of Police, Delhi, strictly in accordance with the directions issued by the Supreme Court of India.
The petitioner said that he had filed the petition in public interest invoking the jurisdiction of the Delhi High Court under Article 226 of the Constitution of India.
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 i.e. 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 in Prakash Singh case (supra) had to be followed by the Central Government while making the impugned appointment," said the petition.
( With inputs from ANI )
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