On Friday, the Apex Court issued notice to the Centre and Delhi Police Commissioner Rakesh Asthana on a plea of NGO CPIL against the Delhi High Court order of upholding Asthana's appointment as police chief.
A Bench of Justice DY Chandrachud & Justice AS Bopanna sought a response in two weeks from the Centre and Asthana.
The NGO 'Centre for Public Interest Litigation' (CPIL) approached the apex court in an appeal against the Oct 12 order of the Delhi High Court which had upheld the Centre's decision to appoint Asthana, Gujarat cadre IPS officer, as Delhi Police Commissioner four days before his superannuation on July 31, saying there was "no irregularity, illegality or infirmity" in his selection.
The High Court while dismissing a PIL challenging Asthana's selection, had said the justification & reasons given by the Centre for appointing Asthana are plausible, calling for no interference in judicial review.
Asthana, a 1984-batch IPS officer, who was serving as the Director-General of Border Security Force, was appointed the Commissioner on July 27 after being shifted to the Union Territory cadre from Gujarat cadre for the tenure of one year.
The NGO's petition has urged the top court to set aside the Centre's order to appoint Asthana after extending his service period.
It termed the extension of Asthana's tenure as well as an appointment as "illegal" as he did not have a residual tenure of mandatory 6 months of service at the time of his appointment as Commissioner of Police since he was to retire within 4 days.
The petition further claimed that the Centre's order violated the policy regarding Inter-Cadre deputation of All India Service Officers.
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