The Delhi High Court on Monday adjourned the hearing on petitions challenging Rakesh Asthana's appointment as police commissioner.
The Division Bench headed by Chief Justice DN Patel deferred the hearing for September 23 as the concerned bench hearing the matter did not assemble today.
Earlier, in its affidavit, the Centre has justified the appointment of Rakesh Asthana as Delhi Police commissioner and said that he was given charge because he had the exposure of complexities of governance and knowledge of nuances of broad canvas policing.
The Central government also told the Court that no officer of the appropriate seniority with balanced experience was available in the Arunachal Pradesh-Goa-Mizoram and Union Territory (AGMUT) cadre. The government also submitted that petition challenging his appointment as Delhi CP is an abuse of process of law and outcome of personal vendetta.
Centre urged the Delhi High Court to dismiss the petition as well as the Interlocutory Application challenging Rakesh Asthana's appointment as Delhi Police commissioner with exemplary costs.
The Court was hearing a petition filed by Sadre Alam seeking direction for quashing the order issued by the central government appointing Rakesh Asthana, IPS as the Commissioner of Police, Delhi and for quashing the order dated July 27, 2021, of the Appointments Committee of the Cabinet (ACC) granting inter-cadre deputation and extension of service.
Advocate Prashant Bhushan had also filed an intervention application in the matter.
Delhi Police commissioner Rakesh Asthana, in his affidavit, has told the Delhi High Court that petitions challenging his appointment are not bonafide public interest litigations but are a flagrant abuse of the Court for some hidden personal vendetta to derail his career.
The ongoing plea was filed by one Sadre Alam through Advocate BS Bagga. The plea said that the petition in public interest invoking the jurisdiction of the Delhi High Court under Article 226 of the Constitution of India for quashing the order issued by the central government appointing Rakesh Asthana, IPS as the Commissioner of Police, Delhi and for quashing the order/communication dated July 27, 2021, of the ACC granting inter-cadre deputation and extension of service.
The Petitions has sought direction for quashing the order issued by the central government appointing Rakesh Asthana, IPS as the Commissioner of Police, Delhi and for quashing the order dated July 27, 2021, of the ACC granting inter-cadre deputation and extension of service.
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 that is 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).
Earlier the court has also allowed Advocate Prashant Bhushan intervention application in the matter. The Supreme Court had recently asked the Delhi high court to decide within two weeks the petition filed before it challenging the appointment of Rakesh Asthana as Delhi Police commissioner.
( With inputs from ANI )
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