NEW DELHI: Advocate
Prashant Bhushan on Friday moved the
Supreme Court on behalf of Centre for Public Interest Litigation for quashing the Centre's decision to appoint Gujarat Cadre IPS officer
Rakesh Asthana as the Delhi Police Commissioner, for alleged violation of the apex court's guidelines and inter-cadre deputation policy of All India Service Officers.
The petition alleged that the Centre has not followed the directions issued by the apex court on police reforms case by appointing Asthana just four days before his retirement.
“It is submitted that the post of Commissioner of Police in Delhi is akin to the post of DGP of a State and he is the head of the police force for the NCT of Delhi and therefore, the directions concerning the appointment to the post of DGP passed by this court in the Prakash Singh case had to be followed by the central government while making the impugned appointment. However, the same have been given a complete go-by,” the petition said.
Referring to alleged violation of SC guidelines, the petition said Asthana did not have a minimum residual tenure of six months and no UPSC panel was formed for appointment of Delhi Police Commissioner and the criteria of having a minimum tenure of two years has been ignored.
“That the high-powered committee comprising the Chief Justice of India, Prime Minister and Leader of Opposition, in its meeting held on May 24, rejected the central government’s attempt to appoint the same IPS officer as the CBI Director on the basis of the six-month rule as laid down in Prakash Singh case, his appointment to the post of Commissioner of Police, Delhi must be set aside on the same principle,” it said.