TMC spokesperson moves Supreme Court against tenure extension of ED Director Sanjay Kumar Mishra

The national spokesperson of the All India Trinamool Congress, Saket Gokhale has moved the Supreme Court challenging the extension of tenure granted to the current Director of Enforcement Directorate (ED) Sanjay Kumar Mishra [Saket Gokhale v Union of India]..In his public interest litigation petition (PIL), Gokhale has claimed that the extension was invalid under Section 25 of the Central Vigilance Commission Act and in gross violation of the judgement in Common Cause v Union of India where it was held that no further extension of tenure shall be granted to the incumbent Director of the ED..The petitioner contended that Mishra had not uploaded his annual immovable property returns (IPR) for the years 2018, 2019, and 2020 on time, which is one of the factors for ‘vigilance clearance’ of officers.The petitioner referred to an office order which requires all civil servants to file their IPRs and further, to initiate disciplinary proceedings against those who did not file IPRs on time.“It is all the more surprising that the officer in question has been granted extension of tenure for a second time, when on the contrary he is liable to be proceeded against by way of departmental enquiry for his failure to comply with the said office order,” the petition said..Further, the petitioner drew attention to a notification issued by Directorate of Income Tax that all IRS officers were required to upload their immovable property returns.However, when the petitioner checked the website, the Director’s returns had not been uploaded..The petitioner submitted that in September 2021 he filed a complaint with the Central Vigilance Commission pointing out the same and the complaint was registered. It was stated that "suddenly" in December 2021, the Director’s IPR returns appeared on the website..In light of these circumstances, the petitioner expressed his surprise that the officer was granted an extension of tenure after his superannuation, to such an important post despite his act of delinquency.“Such a decision by the Government undermines public confidence in the post as well as the integrity of the entire organisation that is headed by the person occupying the post,” the plea said..It was the petitioner’s stand that this decision of the government was bound to create a perception that such important and sensitive positions are open to political influences, pressures and selection of officers was not guided by consideration of relevant factors.“Therefore, repeated extensions such as in the present case open the Officers to political influences and leave the institution vulnerable,” it was contended..Hence, he sought quashing the order of the Central government granting an extension of tenure of one year to SK Mishra as Director of the Directorate of Enforcement..The Supreme Court had in September 2021, 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 a 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.Pertinently, the Court had also said that tenure of Sanjay Kumar Mishra which was set to expire, cannot be extended further..Subsequently, 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.