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Delhi HC dismisses challenge to Rakesh Asthana’s Appointment as Delhi Police Commissioner

2 min read

Aishwarya Rathore-

Published On: October 12, 2021 at 13:41 IST

The Delhi High Court dismissed a Public Interest Litigation challenging the Appointment of a Gujarat-cadre Indian Police Services (IPS) officer, Rakesh Asthana, as Delhi Police Commissioner.

The Bench of Chief Justice DN Patel and Justice Jyoti Singh dismissed the Petition, stating that PILs cannot be allowed in Service matters.

The Petitioner requested the revocation of the July 27 Order issued by the Ministry of Home Affairs appointing IPS officer Asthana as the Commissioner of Delhi Police, as well as the Order granting inter-cadre deputation and extension of service to him.

The Plea submitted, “The impugned orders are in clear and blatant breach of the directions passed by the Supreme Court of India in the Prakash Singh case.”

The Plea further reads, “Asthana did not have a minimum residual tenure of six months; no UPSC panel was formed for the appointment of the Delhi Police Commissioner; and the criteria of having a minimum tenure of two years has been ignored.”

In response to the Petition, the Centre argues that the Petition is an abuse of the process of law and clearly the result of some personal vendetta.

In an Affidavit defending Rakesh Asthana’s appointment, the Centre had stated that there was a “compelling need” to appoint a person as the head of the Police force of Delhi, who had diverse and vast experience of heading a large Police force in a large State and supervising Central Investigating Agency as well as Paramilitary forces.

Accordingly, the Delhi High Court dismissed the Petition.

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