Thread by @barandbench

#DelhiHighCourt hears plea to quash the recent appointment of #RakeshAsthana as Delhi Police Commissioner of Police.

The matter is before Chief Justice DN Patel and Justice Amit Bansal.

Plea states the appointment violates:

(i) Rule 56(d) of All India Services (Death-Cum-Retirement Benefits) Rules which states no govt servant shall be granted service extension beyond age of retirement/ 60 yrs
(ii) SC's Prakash Singh judgment

Read more: barandbench.com/news/litigatio…

Adv BS Bagga: This order is against the fundamental rules, Rule 56 (d) - "no govt servant shall be granted an extension of service beyond the age of retirement of 60 years..."

#RakeshAsthana
#DelhiHighCourt

Bagga makes submissions on what position Asthana was holding before.

Bagga: He was a DG Border Security Forces. It doesn't fall under the fundamental categories in the Rules I have read earlier

#RakeshAsthana #DelhiHighCourt

Bagga reads rule that lays down when an official shall retire, and where short extension of service can be given with prior approval of government.

#RakeshAsthana #DelhiHighCourt

Bagga: So in this category also, he doesn't come. If you see the impugned order, just four days before his retirement he was been appointed to this post.

#RakeshAsthana #DelhiHighCourt

Bagga: He doesn't come under Rule 56 (d) (which lays down certain cases in which service can be extended beyond retirement).

Bagga refers to Supreme Court ruling in Prakash Singh v. UOI

#RakeshAsthana #DelhiHighCourt

Bagga: There are three judgments I will rely on.

Bagga reads from Prakash Singh's case.

Bagga: This order (appointing Asthana) is not in line with Prakash Singh v UOI

CJ: This is for DGP

#RakeshAsthana #DelhiHighCourt

Bagga continues reading from Prakash Singh's case.

#RakeshAsthana #DelhiHighCourt

Bagga refers to a para in the judgment.

At least six months before, the govt can appoint. Here they have appointed four days before, Bagga submits.

#RakeshAsthana #DelhiHighCourt

Bagga refers to certain press notifications: First, he was to be appointed as CBI Chief, but it was declined by CJI Ramana.

#RakeshAsthana #DelhiHighCourt

Bagga: One more thing, it is inter-cadre, which is not permitted under the rules. From Gujarat, he has been sent to Delhi.

Court says it will continue hearing matter on August 24th. Asks Centre to get instructions

#RakeshAsthana #DelhiHighCourt

Bagga: At least notice may be issued?

CJ: No, no, we are still looking at all these ...

#RakeshAsthana #DelhiHighCourt

ASG Chetan Sharma: There are two things. (A) the locus standi of the petitioner. This seems to have come from so-called "integrity keepers" who challenge any and every appointment.

#RakeshAsthana #DelhiHighCourt

ASG Chetan Sharma: B, This is essentially a PIL in a service matter, which Supreme Court says no

The Delhi Police is controlled in any entirely different matter as evident from several cases, he adds.

#RakeshAsthana #DelhiHighCourt

ASG Chetan Sharma says the Centre will come back on these points on next hearing, 24th

Bagga: I will reply to all these contentions also.

ASG Sharma: I am sure you will.

Hearing over. Next date: August 24.

#RakeshAsthana #DelhiHighCourt