The Supreme Court today dismissed a petition challenging the appointment of Rakesh Asthana as CBI Special Director, holding that the same was made in accordance with law..A Division Bench of Justices RK Agarwal and AM Sapre passed the order while hearing the petition filed by NGO Common Cause..Prashant Bhushan, appearing for the NGO, submitted that the grounds on which the appointment has been made were in violation of the principles of institutional integrity..He also submitted that the Selection Committee had not taken any decision regarding the appointment of Asthana as the Special Director, and therefore, the order issued by the Appointments Committee of the Cabinet (ACC) is wholly illegal and contrary to law..The Bench, while dismissing the petition, took into consideration the submissions made by the Attorney General KK Venugopal, who placed before the Court the minutes of the meetings held by the Selection Committee. It was noted that the Selection Committee had given good reasons for not accepting the contents of the letter submitted by the Director of the CBI..Venugopal also submitted the proposal of CBI to appoint Asthana as the Special Director, and the professional career record of Asthana, which the Court has acknowledged in the order..The Court also harped upon the statutory provision under which the recommendations are made, and observed that though it is imperative that the person who is sought to be appointed must be consulted prior to appointment, the question of the primacy of opinion depends on various factors..The Court held,.“The question of giving primacy to the opinion expressed by the person with whom the consultation has to be made depends upon various factors. If there is no Selection Committee and the appointing authority is required to consult with some other Constitutional/Statutory authority then the question of giving primacy to the opinion expressed by the person with whom the consultation is to be made exists.”.The Bench also held that the decision taken by Selection Committee was unanimous, and based on Asthana’s service record. Further, an FIR mentioning his name would not scupper the consideration of his candidature for the post in question..While dismissing the plea, the Bench held that the media reports on which the petition has relied upon are factually incorrect, and therefore hold no substance..“…we find that the news items reported in the print and electronic media that no decision was taken with respect to the appointment on the post of Special Director, CBI in the meeting of the Selection Committee held on 21.10.2017 are factually incorrect.”.Read the order:.Image taken from here.
The Supreme Court today dismissed a petition challenging the appointment of Rakesh Asthana as CBI Special Director, holding that the same was made in accordance with law..A Division Bench of Justices RK Agarwal and AM Sapre passed the order while hearing the petition filed by NGO Common Cause..Prashant Bhushan, appearing for the NGO, submitted that the grounds on which the appointment has been made were in violation of the principles of institutional integrity..He also submitted that the Selection Committee had not taken any decision regarding the appointment of Asthana as the Special Director, and therefore, the order issued by the Appointments Committee of the Cabinet (ACC) is wholly illegal and contrary to law..The Bench, while dismissing the petition, took into consideration the submissions made by the Attorney General KK Venugopal, who placed before the Court the minutes of the meetings held by the Selection Committee. It was noted that the Selection Committee had given good reasons for not accepting the contents of the letter submitted by the Director of the CBI..Venugopal also submitted the proposal of CBI to appoint Asthana as the Special Director, and the professional career record of Asthana, which the Court has acknowledged in the order..The Court also harped upon the statutory provision under which the recommendations are made, and observed that though it is imperative that the person who is sought to be appointed must be consulted prior to appointment, the question of the primacy of opinion depends on various factors..The Court held,.“The question of giving primacy to the opinion expressed by the person with whom the consultation has to be made depends upon various factors. If there is no Selection Committee and the appointing authority is required to consult with some other Constitutional/Statutory authority then the question of giving primacy to the opinion expressed by the person with whom the consultation is to be made exists.”.The Bench also held that the decision taken by Selection Committee was unanimous, and based on Asthana’s service record. Further, an FIR mentioning his name would not scupper the consideration of his candidature for the post in question..While dismissing the plea, the Bench held that the media reports on which the petition has relied upon are factually incorrect, and therefore hold no substance..“…we find that the news items reported in the print and electronic media that no decision was taken with respect to the appointment on the post of Special Director, CBI in the meeting of the Selection Committee held on 21.10.2017 are factually incorrect.”.Read the order:.Image taken from here.
