IB Director, Defence, R&AW & Home Secretary tenures can be extended by 2 years

The Ministry of Personnel, Public Grievances and Pensions on Monday notified an amendment to its rules, enabling the Director of the Intelligence Bureau, Secretaries in the Home and Defence departments and the Secretary of Research and Analysis Wing (R&AW) to get a tenure extension by 2 years.

The President, in exercise of powers under Article 309 of the Constitution approved an amendment to Rule 56 of clause (d), for the fifth proviso of the Fundamental Rules 1922.

Importantly, the notification provides that this extension shall be subject to the discretion of the Central government, only if it considers it necessary in the light of the public interest.

The notified amended portion reads:

"Provided also that the Central Government may, if it considers necessary in public interest so to do, give extension in service to the Defence Secretary, Home Secretary, Director of Intelligence Bureau, Secretary of Research and Analysis Wing and Director of Central Bureau of Investigation appointed under the Delhi Special Police Establishment Act, 1946 (25 of 1946) and Director of Enforcement in the Directorate of Enforcement appointed under the Central Vigilance Commission Act, 2003 (45 of 2003) in the Central Government for such period or periods as it may deem proper on a case-to-case basis for reasons to be recorded in writing, subject to the condition that the total term of such Secretaries or Directors, as the case may be, who are given such extension in service under this rule, does not exceed two years or the period provided in the respective Act or rules made thereunder, under which their appointments are made." (emphasis added)

The notification comes a day after the President promulgated ordinances enabling the extension of tenures of the directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), upto 5 years.

[Read Notification]