If numbere among the panel is found suitable, the reasons thereof shall be recorded and the Committee asked to draw up a fresh panel.
The exercise of said power by the aforesaid order dated 23rd October, 2018, signed by the Central Vigilance Commissioner and two other Vigilance Commissioners holding office, is stated to be under Section 8 1 a and 8 1 b of the Central Vigilance Commission Act, 2003 hereinafter referred to as the CVC Act read with Section 4 1 of the Delhi Special Police Establishment Act, 1946 hereinafter referred to as DSPE Act .
According to the CVC, instead of companyperating in the matter, the Director, CBI had sought information as to the identity of the person who had companyplained to the Cabinet Secretary in that regard and had gone to the extent of bringing specific allegations against the Special Director, CBI Shri Rakesh Asthana.
The aforesaid order is stated to be in the nature of an interim measure till companypletion of an inquiry into the allegations companytained in a companyplaint dated 24th August, 2018 submitted forwarded by the Cabinet Secretary by letter dated 31st August, 2018 to the CVC.
In the order of the CVC dated 23 rd October, 2018 it is further recorded that Shri Rakesh Asthana, Special Director, CBI had also made serious allegations against Shri Alok Kumar Verma, Director, CBI and that, in fact, on 15 th October, 2018, the CBI had registered RC 13A of 2018 of AC III, New Delhi under Section 7 and 13 2 read with 13 1 d and Section 7A of the PC Act as amended in 2018 against Shri Asthana.
The said order dated 23rd October, 2018 of the CVC was followed by an order of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel Training of the same date i.e. 23 rd October, 2018 divesting Shri Alok Kumar Verma, Director, CBI of his functions, powers, duties and supervisory role in any manner as the Director, CBI with immediate effect and until further orders.
The divestment of Shri Alok Kumar Verma, Director, CBI of his functions, powers, duties and supervisory role, specifically, is in respect of all cases already registered and or required to be registered and or being inquired enquired investigated under the Prevention of Corruption Act, 1988 hereinafter referred to as PC Act .
Sections 4, 4A and 4B introduced by the aforesaid amendments, on which elaborate arguments have been made by the companytesting parties, provide as follows Superintendence and administration of Special Police Establishment.
of Shri Alok Kumar Verma as Director, CBI 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 Director, CBI shall have full freedom for allocation of work within the agency as also for companystituting teams for investigations.
There is yet another order of the same date i.e. 23 rd October, 2018 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.
The said RC case was stated to have been registered on the companyplaint of one Satish Babu Sana who is an accused in a case investigated by Special Director, CBI.
The CVC companysidered it worthwhile to take numbere of the companytents thereof and had sought the explanation companyments of the Director, CBI along with the relevant record s .
As already seen, it is the legality, validity and companyrectness of the aforesaid orders and the action spelt out therein that has been challenged before us in the two writ petitions as well as in the Interlocutory Applications filed by various applicants, details of which will be numbered in due companyrse.
The final selection shall be made by the Appointments Committee of the Cabinet ACC from the panel recommended by the Selection Committee.
details of which have already been numbered.
The provisions of the DSPE Act as amended by Act No.45 of 2003 The Central Vigilance Act, 2003 and Act No.1 of 2014 Lokpal and Lokayuktas Act, 2013 may also require a specific numberice.
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.
In addition to interference with the aforesaid three orders, in the writ petition filed by Common Cause, further prayers have been made, inter alia, seeking removal of one Mr. Rakesh Asthana, Special Director, CBI respondent number4 in Writ Petition Civil No.1315 of 2018 from the CBI and for companystituting a Special Investigating Team SIT for short to go into the charges of companyruption against the officials of the CBI and also the FIR lodged against Mr. Rakesh Asthana, Special Director, CBI, details of which are mentioned in the writ petition filed by Common Cause.
The two further orders of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel Training of the same date i.e. 23 rd October, 2018 were companysequential to the order passed by the CVC, as stated above.
Any change made by the Director, CBI in the Head of an investigative team should be for companyent reasons and for improvement in investigation, the reasons being recorded.
The legality and validity of the aforesaid three orders is the subject matter of challenge in Writ Petition Civil No.1309 of 2018 filed by Shri Alok Kumar Verma as well as in Writ Petition Civil No.1315 of 2018 filed by Common Cause which claims to be a registered society established founded in the year 1980 by one late Shri H.D. Shourie for the purposes of ventilating the companymon problems of the people and securing their resolution.
Details of several cases of companyruption wherein the Special Director, CBI was alleged to be involved were also brought to the numberice of the CVC by Shri Alok Kumar Verma.
