NEW DELHI: The Centre on Wednesday opposed a plea challenging the appointment of Gujarat-cadre IPS officer Rakesh Asthana as Delhi Police commissioner, even as the court sought to know if any other plea concerning his appointment was pending before any court.
“Is any such matter pending before any other court?” asked Chief Justice D N Patel while hearing a petition by Sadre Alam against Asthana’s appointment and extension of service by a year.
Additional solicitor general Chetan Sharma said, to his knowledge, no such challenge was pending before any other court, but he would find out.
The bench, which also comprised Justice Jyoti Singh, asked the counsel to take instructions on the aspect and proceeded to adjourn the hearing to next week.
Advocate B S Bagga, representing Alam, urged the court to issue notice on the petition, but the court declined at this stage. “No. We are still going to read everything. We will see,” the court said.
The ASG opposed the plea arguing that it had become a business for “so-called-integrity-keepers” to challenge any appointment made by the authorities. He submitted that Alam had no locus standi to challenge Asthana’s appointment.
The plea argued that Asthana's appointment was in violation of the existing service law.
“Four days before retirement he was appointed to the post,” Bagga stated, as he claimed that the service conditions mandate a minimum residual tenure of six months. The 1984-batch IPS officer, serving as the director general of Border Security Force, was appointed Delhi Police commissioner on July 27— four days before his superannuation on July 31.
In his petition, Alam has sought quashing of the July 27 order issued by the Union home ministry appointing Asthana as the commissioner, and the order granting inter-cadre deputation and extension of service to him.
It also claimed the high-powered committee comprising the Chief Justice of India, Prime Minister and the Leader of Opposition, in its meeting on May 24, 2021, had rejected the central government’s attempt to appoint Asthana as the CBI director based on the “six-month rule” as laid down by the Supreme Court.
