Rakesh Asthana
IPS, Gujarat (moved to AGMUT by inter-cadre deputation, 27 Jul 2021) cadre, 1984 batch
Commissioner of Police, Delhi (27 Jul 2021 to 31 Jul 2022)
By the numbers
4 days before his retirement date when appointed
Appointed Delhi CP 27 Jul 2021; due to retire 31 Jul 2021. newindianexpress.com
1 extension
One year beyond superannuation, in relaxation of Rule 16(1) of the AIS (DCRB) Rules, 1958, 'as a special case in public interest'. indiankanoon.org
Cadre: Gujarat to AGMUT by inter-cadre deputation on the day of appointment
Residual service: The petition argued Prakash Singh (2019) requires at least six months' residual service for a police chief; the Delhi HC held Prakash Singh does not apply to the Delhi Police Commissioner.
The rise, step by step
Each step is solid where two sources carry it, a hairline where one does.
One report
Joins IPS, Gujarat cadre.
One report
First CBI stint (IE: deputed as CBI SP in 1995; TOI: 1992 to 2002). As SP he worked on the Bihar fodder scam probe that booked then Chief Minister Lalu Prasad.
One report
Repatriated to Gujarat; posted DIG, CID (Crime and Railways), which was investigating the Godhra train burning. The Indian Express reports he was brought in by the Narendra Modi government as demands for a CBI probe grew.
One report
Joins CBI as Additional Director.
One report
ACC appoints him CBI Special Director on the CVC-led selection committee's 21 Oct 2017 recommendation; Director Alok Verma had submitted a confidential note objecting.
One report
CBI registers a bribery FIR naming him on a complaint by businessman Sathish Babu Sana; he and Director Alok Verma are both sent on leave on the night of 23-24 Oct 2018.
Documented
Government curtails his CBI tenure by ACC order. He was subsequently posted Director General, Bureau of Civil Aviation Security (BCAS), and later also given additional charge of the Narcotics Control Bureau (per IE, Aug 2020).
One report
Appointed Director General, Border Security Force, keeping NCB additional charge.
One report
ACC order No. 6/30/2021-EO(SM-I) approves inter-cadre deputation from Gujarat to AGMUT, a service extension of one year beyond his 31 Jul 2021 superannuation, and appointment as Delhi Police Commissioner, four days before retirement.
Documented
Retires as Delhi Police Commissioner at the end of the one-year extension.
Cases on the way up
Bihar fodder scam (Lalu Prasad)
- Role
- CBI Superintendent of Police on the investigation
- Outcome
- Lalu Prasad was later convicted in fodder scam cases; IE reports the conviction was based on his findings.
Godhra train burning, 27 Feb 2002
- Role
- DIG, Gujarat CID (Crime and Railways), the state agency investigating the case
- Outcome
- Special court on 1 Mar 2011 convicted 31 and acquitted 63 (11 death sentences, 20 life). Gujarat High Court on 9 Oct 2017 upheld the convictions and commuted the 11 death sentences to life.
- Where it stands
- Convictions upheld, death sentences commuted. Gujarat HC, 9 Oct 2017.
As CBI Additional Director, supervision of AgustaWestland, Kingfisher, Moin Qureshi, coal scam and other cases (per the Attorney General's submission to the SC)
- Role
- Supervising officer, 11 CBI zones
- Outcome
- Not tracked here.
What courts and officials said
"…the appointment of Shri Rakesh Asthana – Respondent No. 2 herein to the post of Special Director, CBI does not suffer from any illegality. The writ petition fails and is dismissed." The petition had pointed to entries naming 'Rakesh Asthana' in Sterling Biotech diaries; the selection committee found 'no finding in these papers that the person mentioned therein is the same person'.
Refused to quash the bribery FIR against him and directed the CBI to finish the investigation within 10 weeks.
Accepted the CBI's clean chit: "There is no sufficient ground to proceed against Rakesh Asthana and DSP Devender Kumar. We will see if anything comes in future investigation being conducted by the CBI."
"…we do not find any irregularity, illegality or infirmity in the action of Respondent No.1 in appointing Respondent No. 2, following the procedure followed for nearly over a decade." Petition dismissed.
Disposed of CPIL's petitions against the Delhi CP appointment because his tenure had ended, without ruling on the merits.
The other side
- Union of India (MHA counter-affidavit in the Supreme Court, 2021-22)
- Extension and inter-cadre deputation were granted 'in public interest'; Delhi faced 'diverse and extremely challenging situations of public order'; experience of heading a large state police force, a central investigating agency and a paramilitary force 'was lacking in the present pool of available officers' of the AGMUT cadre; eight earlier Delhi CPs were appointed by the same procedure; the petitioner was called a 'busy body'. livelaw.in
- Attorney General K.K. Venugopal (2017)
- CBI itself proposed him for Special Director on 6 Jul 2017; as Additional Director he supervised 11 zones and major scam cases. api.sci.gov.in
Documents
Judgment Common Cause v Union of India, WP(C) 1088/2017 (Special Director appointment), Nov 2017
The decision taken by the Selection Committee was unanimous.
Judgment Sadre Alam v Union of India, Delhi High Court, WP(C) 8654/2021, Oct 2021
we do not find any irregularity, illegality or infirmity in the action of Respondent No.1 in appointing Respondent No. 2, following the procedure followed for nearly over a decade.
for the Inter Cadre deputation of Shri Rakesh Asthana, IPS (GJ:1984) from Gujarat cadre to AGMUT Cadre and extending his service initially for a period of one year beyond the date of his superannuation on 31.07.2021 or until further orders, whichever is earlier, in relaxation of Rules, 1958 as a special case in public interest.
Sources
- indianexpress.com
- timesofindia.indiatimes.com
- api.sci.gov.in
- hindustantimes.com
- hindustantimes.com
- indianexpress.com
- indiankanoon.org
- newindianexpress.com
- indianexpress.com
- indianexpress.com
- livelaw.in
These are documented facts placed side by side. Nothing here asserts or implies wrongdoing by any officer. Acquittals, dismissed petitions and clean chits are recorded alongside adverse findings. Every source was opened and checked on Oct 2026.
Photo: The Week, CC BY-SA 4.0