NGO moves SC against 'retrospective' extension of ED director Sanjay Kumar's tenure

ANI
·2 min read
Supreme Court of India
Supreme Court of India

New Delhi [India], November 27 (ANI): An NGO on Friday moved the Supreme Court challenging a decision of the Central government to "retrospectively extend" the tenure of Sanjay Kumar Mishra as the Director of the Enforcement Directorate.

The plea, filed by NGO Common Cause, sought the quashing the Office Order dated November 13, 2020, issued by Centre retrospectively amending the tenure of Mishra and further sought a direction to the Central government to appoint a Director of Enforcement Directorate in a transparent manner and strictly in accordance with the mandate of Section 25 of the Central Vigilance Commission (CVC) Act, 2003.

Mishra was appointed Director of ED for two years by an order dated November 19, 2018. However, the Central government on November 13, 2020, issued an office order in which it was stated that the President has modified the 2018 order to the effect that a period of two years written in the 2018 order dated was modified to a period of three years.

"Thus, by virtue of the impugned Office Order, dated November 13, 2020, the appointment order dated November 19, 2018 has been modified with retrospective effect and Sanjay Kumar Mishra herein has been given an additional one year of service as Director of Enforcement in the Enforcement Directorate," the plea said.

It said that there is neither any enabling provision in the CVC Act for extension of service of the Director of Enforcement nor any enabling provision which provides for such retrospective modification of appointment orders.

The NGO has contended that after the end of Mishra's two-year tenure as Director, Enforcement Directorate, he would have been ineligible for appointment to the said post again by virtue of Section 25 of the CVC Act.

It contended that what could not have been done directly under the CVC Act has been done indirectly by the Central Government, which the NGO said is nothing but illegal. (ANI)