Swarna Shukla-
Published On: November 21, 2021 at 17:00 IST
A Writ Petition was filed before the Supreme Court challenging the extension of the tenure of the Director, Enforcement Directorate (ED) upto 5 years vide the Central Vigilance Commission (Amendment) Ordinance, 2021 promulgated by the President of India on 14th November, 2021.
Besides, the Petitioners have assailed the office order issued by the Government of India, Ministry of Finance, Department of Revenue on 17th November, 2021 extending the tenure of Director, Enforcement Directorate for a period of one year i.e. upto 18th November, 2022 or until further others, whichever is earlier.
The Ordinance now has extended the earlier two year tenure to a term of 5 years by inserting a Proviso to Section 25 of the Central Vigilance Commission Act, 2003.
The Petitioners argued that the ordinance aims to legislatively override the judgment of the Apex Court in Common Cause vs. Union of India wherein the tenure of the incumbent Director ED, Mr. Sanjay Kumar Mishra was set to expire in November, 2021 without any further extension.
The Petitioners have noted that Mr. Sanjay Kumar Mishra, Director ED was due for superannuation on 171.11.2021 and an extension was granted to the tenure of the Director ED by the impugned office order.
As per the Petition, the extension of his tenure order that has been made 3 days prior to his superannuation is a blatant violation and discard to various statutory provisions, including Fundamental Rule 56 which lays down that there cannot be any extension of service of Director, ED, other than the exceptions mentioned in the said Rule.
The Petitioners relied Prakash Singh And Ors. V. Union of India And Ors., the Petitioners argued that the extended term beyond the date of superannuation ought to be reasonable.
The Petitioners further questioned the hasty and arbitrary manner in which the Ordinance has been passed, when the Parliament was to be in session within two weeks.
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