Advocate ML Sharma has filed a contempt petition before the Supreme Court Prime Minister Narendra Modi who heads the Appointments Committee of the Cabinet and Home Minister Amit Shah, for appointing Rakesh Asthana as Delhi Police Commissioner allegedly in violation of the top court's Prakash Singh judgment. .Sharma in his plea stated that as per the Prakash Singh judgment, a person must have "minimum three months of service left prior to retirement for his appointment as DGP."But Asthana, who had four days left for his superannuation, was appointed Commissioner of Police of Delhi by the Home Ministry headed by Amit Shah and on the behest of the Prime Minister Modi, the petition stated.."There is a serious question of concepts has been created whether Constitution will survive or dictatorship of government servants will go on it is also to be Decided what should be the consequence of such dictatorship by the government servant who has been appointed as a prime minister and home minister and the Constitution of India," it was submitted. .Asthana, a 1984-batch Indian Police Service (IPS) officer from the Gujarat cadre, was serving as the Director General of the Border Security Force (BSF) before being appointed as Delhi Police Commissioner. Asthana who had earlier served as CBI Special Director had shot to limelight after the tussle between him and then CBI Director Alok Verma which had eventually culminate in removal of both Sharma and Asthana from the CBI.