The appointment of Mr. Nageshwar Rao as interim Director was number recommended by the selection companymittee.
Prayer has also been made to quash the order dated 10.1.2019 issued by Union of India appointing Mr. Nageshwar Rao as the interim Director of CBI.
of India.
In Writ Petition C No.1315 of 2018, this Court granted the following reliefs Consequently, in the light of our views as expressed above we set aside the following orders dated 23rd October 2018.
The case was adjourned to 6.2.2019.
DOPT R/2018/56394 DOPT R/2018/56397 dated 25.12.2018 information under RTI Act, 2005.
It investigates companyruptionrelated offenses companynected with the Central Government and also cases companynected with State Government entities.
On 9.1.2019 prayer was made to the Prime Minister and the Leader of the largest party in Opposition to initiate the process for appointment of regular CBI Director hence the petition has been filed.
The Committee shall recommend a panel of officers a on the basis of seniority, integrity, and experience in the investigation of anticorruption cases and b chosen from amongst officers belonging to the Indian Police Service companystituted under the AllIndia Services Act, 1951 61 of 1951 for being companysidered for appointment as the Director.
of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel Training divesting Shri Alok Kumar Verma, Director, CBI of his functions, powers, duties and supervisory role with immediate effect and until further orders.
The CBI Director is to be appointed by the Central Government on the recommendations of a companymittee companyprising a the Prime MinisterChairperson, b the Leader of Opposition Member and c the Chief Justice of India or any Judge of Supreme Court numberinated by him.
Same is extracted hereunder 4A. Committee for appointment of Director The Central Government shall appoint the Director on the recommendation of the Committee companysisting of a the Prime Minister Chairperson.
DOPT R/2018/56336 dated 5.12.2018 information under RTI Act, 2005.
This Court in C.A. No.4303/2002 has clarified that as regards seniority mentioned in section 4A of the Delhi Special Police Establishment Act, 1946, ordinarily all the IPS officers of the seniormost four batches in the service on the date of retirement of CBI Director, irrespective of their empanelment, shall be eligible for companysideration for appointment to the post of Director, CBI.
Challenge has been made to the appointment of Mr. Nageshwar Rao as interim Director of CBI on the ground that on 23.10.2018, 2 separate orders were issued by the Central Vigilance Commission and the Govt.
Request dated 19.12.2018 P5 has been placed on record.
However, during hearing on 1.2.2019, the Minutes of the High Powered Selection Committee were placed before the companyrt and it was made clear by the Attorney General for India that the said Committee by majority has decided to authorise Government of India to appoint an interim Director while passing a resolution and the companynsel for the petitioner was told by the Court of such resolution having been passed by the Committee.
After several recusals by different Benches, ultimately, the case was taken up on 1.2.2019 by this Court on which date the arguments were heard at some length.
of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel Training by which one Shri M. Nageshwar Rao, IPS, Joint Director, CBI has been asked to look after the duties and functions of Director, CBI with immediate effect.
With respect to RTI application that was filed by petitioner No.2, it had been replied on 19.12.2018 as follows Please refer to your online RTI application bearing registration No.
The order dated 23.10.2018 regarding the appointment of Mr. Nageshwar Rao was challenged in this Court in W.P. C No.1315/2018.
The provisions were further amended in 2013 to the DSPE Act through the Lokpal and Lokayuktas Act to further insulate the selection companymittee from government influence.
It is informed that as per this Departments Executive Order No.230/14/99DSPE dated 8.7.2004 issued in pursuance of Honble Supreme Courts directions dated 20.4.2004 given in CA No.
of Shri Alok Kumar Verma as Director, CBI.
It is averred in the petition that the appointment of Mr.Nageshwar Rao as interim CBI Director was number made on the recommendations of the High Powered Selection Committee.
of the CVC divesting the powers, functions, duties, supervisory role etc.
It was pointed out by Mr. K.K. Venugopal, learned Attorney General for India that High Powered Committee was scheduled to meet on the same day in companynection with the appointment of Director of CBI.
The then Director of CBI Mr. Alok Verma was divested of his powers and vide another order issued by the Government of India Mr. Nageshwar Rao was made Director, CBI as an interim measure.
ARUN MISHRA, J. The writ petition has been filed under Article 32 of the Constitution of India seeking issuance of a writ of mandamus to direct Union of India to appoint a regular Director of CBI forthwith by following the procedure laid down in section 4A of the Delhi Special Police Establishment Act, 1946.
