New Delhi, Nov 26th : Friday’s Supreme Court issued notice to Rakesh Asthana, Delhi Police Commissioner, and the Centre regarding a challenge to his appointment.This was just three days before he retired. Justice D.Y.heads a bench.Chandrachud said: “Issue notice”.
Advocate Prashant Bhushan representing the NGO Centre for Public Interest Litigation sought an earlier date for the hearing.Asthana was represented by Asthana by Senior Advocate Mukul Rohatgi and Solicitor General Tushar Mehta.
The petition was filed by the NGO challenging the Delhi High Court’s decision.It stated that Asthana’s appointment to the post of Delhi Police Commissioner was not irregular.
After a brief hearing the top court gave two weeks for parties to file counter-affidavits.
The Chief Justice D.N.Justice Jyoti Singh and Patel stated: “In light of the aforesaid context of judgements, expounding on the principle of contemporanea exposesitio.We do not find any irregularity.illegality.or infirmity.Respondent No 1 (Centre) appoint Respondent No 2(Asthana), after the procedure was followed for almost over a decade.”
The high court also ruled in favour of the Centre’s power, jurisdiction, and authority to make inter cadre deputation officers in public interest.It also declared that the Supreme Court’s judgments in Prakash Singh case regarding the appointment of police heads will not apply to the union territories.
The petition against Asthana’s appointment to the position of Commissioner of Delhi Police was dropped by the court on July 27, just before Asthana’s superannuation.It noted in its 77-page judgment that “we see no reason to interfere with the decision of granting Inter-cadre Deputation to Respondent Number 2”.
The high court had ruled that petitioners — advocate Sadre alam and NGO CPIL headed by advocate Bhushan — were unable to prove a case calling the interference or show that Asthana’s service career is in jeopardy, making him unsuitable for the position.
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