Lawstreet Journal

'SC Directions In Prakash Singh Case Not Applicable For Union Territories' : Delhi HC

Lawstreet Journal 14 Oct 2021 2:21am

Image courtesy: Lawstreet Journal Judiciary 'SC Directions In Prakash Singh Case Not Applicable For Union Territories' : Delhi HC

'The directions issued in the case of Prakash Singh & Ors vs Union of India are applicable only to states and not UT’s', the Delhi HC held in the judgment given by Chief Justice DN Patel and Justice Jyoti Singh.

This development came in lieu of a petition to dismiss Rakesh Asthana who was given the charge as Delhi DGP four days before his retirement by the Central Govt. The Petitioner/ Intervenor in the matter had claimed that Asthana's appointment was made in sheer violation of the Prakash Singh & Others v. Union of India.

The petitioner argued that the post of Delhi Police Commissioner is akin to the post of DGP of the State and therefore directions in Prakash Singh's Case are required to be followed by the Central Government while making an appointment to the said post. Rakesh Asthana was being appointed just 4 days before his superannuation, which was in contravention to the judgment of the SC in the case of Prakash Singh vs UoI.

The centre on the other hand argued that the final operative directions issued by the Supreme Court in the case of Prakash Singh for empanelling by UPSC, selection of minimum tenure, etc. are applicable to State for appointment of DGPs, and have no application for appointment to the post of Commissioner/Police Head of a Union Territory.

The court stated that, “On account of the unavailability of sufficient number of officers in the pool in respect of various segments of AGMUT Cadre,… Continue Reading...

Tagged: Rakesh Asthana   Delhi Police   Delhi High Court  
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