The petitioner contended that the appointment was in contravention to the Classification, Control and Appeal (CCA) Rules 1965 and Asthana be suspended in view of the pending investigation into the corruption charges against him.
A PIL challenging the appointment of former CBI special director Rakesh Asthana as director general of the Bureau of Civil Aviation Security (BCAS) has been dismissed by the Supreme Court on Thursday.
A bench headed by Chief Justice Ranjan Gogoi to entertain the plea filed by lawyer M L Sharma challenging Asthana’s appointment.
The petitioner contended that the appointment was in contravention to the Classification, Control and Appeal (CCA) Rules 1965 and Asthana be suspended in view of the pending investigation into the corruption charges against him.
The plea said: “Instead of suspension within the CCA rule-1965, Asthana has been promoted and appointed as chief of BCAS by during the pendency of the investigation under Delhi High Court in a FIR for bribe and corruption in his official duty”.
“This has created a serious injury to the judicial and public office systems violating Articles 21 and 14 and destruction of faith in the three constitutional office of the country,” it said.
Asthana was booked by the CBI on allegations of criminal conspiracy, corruption and criminal misconduct under the relevant sections of the Prevention of Corruption Act, after falling out with then CBI director Alok Verma.
On January 11, the Delhi High Court had refused to quash the FIR lodged against Asthana on bribery allegations and set a 10-week deadline to complete the investigation.
The petition also sought framing of a suitable guideline in case of termination of service of the CBI director saying that prime minister cannot take part in the deliberations due to conflict of interest.
The CBI Director is appointed by a high-powered Selection Committee comprising the prime minister, the CJI and the leader of the largest opposition party.
“Instead of suspension, Asthana’s appointment as BCAS chief on January 18 is a clear case of personal interest of PM Modi in favour of Asthana and against Verma. Therefore, PM Modi have no legal and moral right to sit as member of the committee in which Asthana Vs Verma case has been decided,” it said.
In a controversial order on October 23, 2018, the government had divested the powers of Verma and Asthana sending them on forced leave as both had accused each other of corruption.
A bench headed by Chief Justice Ranjan Gogoi to entertain the plea filed by lawyer M L Sharma challenging Asthana’s appointment.
The petitioner contended that the appointment was in contravention to the Classification, Control and Appeal (CCA) Rules 1965 and Asthana be suspended in view of the pending investigation into the corruption charges against him.
The plea said: “Instead of suspension within the CCA rule-1965, Asthana has been promoted and appointed as chief of BCAS by during the pendency of the investigation under Delhi High Court in a FIR for bribe and corruption in his official duty”.
“This has created a serious injury to the judicial and public office systems violating Articles 21 and 14 and destruction of faith in the three constitutional office of the country,” it said.
Asthana was booked by the CBI on allegations of criminal conspiracy, corruption and criminal misconduct under the relevant sections of the Prevention of Corruption Act, after falling out with then CBI director Alok Verma.
On January 11, the Delhi High Court had refused to quash the FIR lodged against Asthana on bribery allegations and set a 10-week deadline to complete the investigation.
The petition also sought framing of a suitable guideline in case of termination of service of the CBI director saying that prime minister cannot take part in the deliberations due to conflict of interest.
The CBI Director is appointed by a high-powered Selection Committee comprising the prime minister, the CJI and the leader of the largest opposition party.
“Instead of suspension, Asthana’s appointment as BCAS chief on January 18 is a clear case of personal interest of PM Modi in favour of Asthana and against Verma. Therefore, PM Modi have no legal and moral right to sit as member of the committee in which Asthana Vs Verma case has been decided,” it said.
In a controversial order on October 23, 2018, the government had divested the powers of Verma and Asthana sending them on forced leave as both had accused each other of corruption.