President issues ordinances allowing extension of tenure of CBI, ED Directors upto 5 years

The President of India has promulgated ordinances enabling the extension of tenure of Director of Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) upto 5 years.

. The extension can be done for one year at a time subject to a maximum of 5 years.

The ordinance with respect to CBI Director has amended Section 4B of the Delhi Special Police Establishment Act, 1946 by inserting a proviso to that effect.

The proviso reads:

"Provided that the period for which the Director holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to be recorded in writing, be extended up to one year at a time:

Provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment;"

. Similar, amendment has been made to Central Vigilance Commission Act, 2003 (CVC Act) by inserting a proviso to Section 25 of the CVC Act.

The said proviso reads:

“Provided that the period for which the Director of Enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under clause(a) and for the reasons to be recorded in writing, be extended up to one year at a time:

Provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment;”.

. Recently, the Supreme Court had in its judgment in Common Cause v. Union of India , upheld the decision of the Central government, to make retrospective changes to the appointment order of Director of Enforcement Directorate (ED), Sanjay Kumar Mishra by which his tenure was increased from two years to three years.

The Bench of Justices L Nageswara Rao and BR Gavai had held that the Central government has powers to make retrospective changes but it should be done in the rarest of rare cases.

Importantly, in that judgment the top court had clarified that any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period.

It should be done only in rare and exceptional cases and reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the Committee constituted under Section 25 (a) of the CVC Act, the Court had underscored.

The Court had also said that tenure of Sanjay Kumar Mishra which is set to expire this month, cannot be extended further.

. [Read Ordinances]

President issues ordinances allowing extension of tenure of CBI, ED Directors upto 5 years

Bar & Bench

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