Supreme Court on Thursday dismissed the PIL filed by lawyer Manohar Lal Sharma challenging former CBI Special Director Rakesh Asthana’s appointment as Director General (DG) of Bureau of Civil Aviation Security (BCAS) when an FIR is still pending against him.
A three-judge bench of the apex court, headed by Chief Justice of India Ranjan Gogoi, did not find any merit in Sharma’s PIL and dismissed it.
“What is your (Sharma) actual grievance? What do you want from the court? Your (Sharma) PIL against Asthana made little sense. Everything cannot be rolled in under one sky into a petition,” the CJI told Sharma and dismissed the PIL.
While dismissing the PIL, the top court said some parts of the PIL should be in the Service Tribunal and the issues raised by you (Sharma) cannot be adjudicated in a PIL by this court.
On January 17, the government “curtailed” the tenure of Asthana, who is facing a probe in a bribery case, and three other officers of the investigative agency with immediate effect.
According to a government order, the Appointments Committee of Cabinet (ACC) also “curtailed” the tenure of CBI Joint Director Arun Kumar Sharma, a 1987-batch IPS officer of Gujarat cadre, CBI DIG Manish Kumar Sinha, a 2000-batch IPS officer of Andhra Pradesh cadre, and SP Jayant J Naiknavare, a 2004-batch IPS officer of Maharashtra cadre
Asthana, who was sent on leave by the government on October 23 along with his warring CBI Director Alok Verma, has an FIR registered against him for bribery charges.
The 1984-batch IPS officer of Gujarat cadre had approached the Delhi High Court, seeking quashing of the FIR but his plea was rejected on January 11.
A single judge bench of the High Court had refused to grant interim protection to him but asked the CBI to maintain the status quo for two weeks.
The High Court had directed the CBI to conclude investigation against Asthana within 10 weeks.
