'Habit now for integrity keepers to challenge any & all appointments'
New Delhi: The Delhi High Court Wednesday refused to issue notice on a petition challenging the appointment of Gujarat-cadre IPS officer Rakesh Asthana as Delhi Police Commissioner at this stage and asked if any other plea concerning his appointment is pending before any court.
Is any such matter pending before any other court? asked Chief Justice D N Patel while hearing a petition by one Sadre Alam against Asthana's appointment and extension of service by one year. Additional Solicitor General Chetan Sharma said that to his knowledge, no such challenge was pending before any other court as of now.
Central government standing counsel Amit Mahajan said the department was not aware of it.
The bench which also comprised Justice Jyoti Singh asked the counsel to take instructions on the aspect and proceeded to adjourn the hearing. Just take instructions. Find out and come on Monday, it said.
Advocate B S Bagga, representing Alam, urged the court to issue notice on the petition.
The court, however, responded: No, no. We are still going to read everything. We will see.
ASG Sharma submitted that it had become a business for "so-called-integrity-keepers to challenge any appointment made by the authorities".
He submitted that Alam had no locus to challenge Asthana's appointment. Bagga argued that Asthana's appointment was in violation of the existing service law. Four days before retirement he was appointed to the post, Bagga stated as he claimed that the service conditions mandate a minimum residual tenure of six months.