Form of words:
New Delhi: Observing that a reasonable period of extension may be granted to facilitate completion of cases of ongoing investigation, the Supreme Court on Wednesday ordered the appointment of Sanjay Kumar Mishra as Director of Enforcement Directorate (ED) in 2018. The petition challenging the retrospective change was dismissed.
Upholding the Centre’s decision, a bench headed by Justice L Nageswara Rao, however, made it clear that the extension of the tenure of officers who have attained the age of retirement should be done in rare and exceptional cases.
The court made it clear that no further extension can be given to Mishra.
The apex court said that reasonable extension of time can be given to facilitate completion of the cases of ongoing investigation only after recording the reasons by a committee constituted under section 25 of the Central Vigilance Commission Act.
“Any extension of tenure granted to persons holding the office of Director of ED after attaining the age of superannuation should be for a short period. We do not want to interfere with the post of the second respondent in the instant case as the term is expiring in November 2021. We make it clear that no further extension will be given to the second respondent,” the bench also comprising Justice BR. Gavai said.
The decision came on a petition filed by NGO Common Cause, challenging the retrospective changes in the 2018 appointment order of Mishra as the director of the ED.
Mishra, an Indian Revenue Service officer was appointed as the ED Director for a period of two years by an order dated November 19, 2018, and subsequently by an order dated November 13, 2020, the appointment letter was issued by the Central Government. was retrospectively revised and his two-year term was replaced by three years.
read also: ED officer Rajeshwar Singh applied for retirement, likely to join BJP to contest UP elections
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