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The Supreme Court said on Monday that it may reconsider its 2021 ruling that a retired officer’s tenure may only be extended in exceptional circumstances. In 2021, the court was considering the appointment of Sanjay Kumar Mishra, Director of Enforcement Department (ED).
Security Council on Monday He retains his judgment On a set of petitions challenging the third extension granted to Mishra.
Judgment 2021
On 8 September 2021, the Board of Justices BR Gavai and L Nageswara Rao upheld the Center’s order to extend Mishra’s tenure beyond two years. However, the council said that “extensions of the period of service … of officers who have reached retirement age should be made only in rare and exceptional cases”, and that such extensions “must be for a short period”.
“There is no limitation on the power of the central government to appoint the chief executive after a period of two years,” the court said. In Section 25(d) of the Central Vigilance Commission Act 2003, which sets the minimum term for an emergency department director, the SC said: “The words ‘not less than two years’ cannot be read to mean ‘not more than two years’.” ‘.”
Prime period ed
Mishra was appointed to the position for a period of two years by order dated 19 November 2018. On 13 November 2020, the center extended his tenure by one year. The NGO Common Cause has filed a PIA lawsuit asking for the November 13, 2020 order to be set aside, on the grounds that Mishra’s total term of three years violates Section 25 of the CVC Act.
In November 2021, as the one-year extension for Mishra loomed, President Ram Nath Kovind signed decrees amending the laws governing the CBI and ED, enabling the government to retain the two presidents in office for one year after completing their two-year terms, and to continue In granting these one-year extensions until they complete five years as presidents.
What SC said
On Monday, Justice Gavai said he had a preliminary view that the 2021 case had not been properly adjudicated, and required reconsideration. He said the case did not include the issue of extension at that time. The panel composed of Justices Gavai, Vikram Nath and Sanjay Karol was hearing an appeal against the extension granted to Mishra on the grounds that it violated the 2021 ruling.
Justice Gavai’s remarks came after Additional Solicitor General S V Raju tried to distinguish between initial appointment and extension and said the 2021 ruling only dealt with initial appointment.
Mishra will complete five years as chief of emergency department in November. The center emphasized that the extension was made due to a pending review by the Financial Action Task Force (FATF), the global terrorist financing watchdog, and that “continuity will help” the country. It also said Mishra would not remain in service after his term ends in November.
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