BREAKING : Delhi High Court Dismisses Petition Challenging Rakesh Asthana's Appointment As Delhi Police Commissioner
3 years, 5 months ago

BREAKING : Delhi High Court Dismisses Petition Challenging Rakesh Asthana's Appointment As Delhi Police Commissioner

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The Delhi High Court today dismissed a petition which challenged the appointment of IPS Officer Rakesh Asthana as the Commissioner of Delhi Police. Prakash Singh case not applicable to UTs "The peculiar set up of Union Territories and the lack of pool of sufficient officers in the appropriate Pay-Level, with requisite experience, in the AGMUT cadre, as highlighted by learned Solicitor General and not disputed by the Petitioner and the Intervener, lead to an inevitable conclusion that application of the UPSC Guidelines, flowing from the directions of the Hon‟ble Supreme Court, to Union Territories will create an anomalous situation, which would be completely unworkable." Therefore, applying the principle of contemporanea expositio, if a procedure has been followed by the Central Government since 2006, with the clear understanding as aforesaid and appointments of as many as 8 Commissioners of Police, Delhi have been made following the statutory regime under the Delhi Police Act, 1978 read with Transaction of Business of GNCTD Rules, 1993, which has withstood the test of time, without any demur/objection/challenge in any Court or Forum of law, the same gains weightage." Responding to the contention that this appointment will have demoralizing effect on AGMUT Cadre, the Centre responded that Asthana was appointed as the Delhi Police Chief after "thorough examination".

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