No illegality in selection of Rao as interim CBI chief: SC
TNN | Feb 20, 2019, 03:57 ISTNEW DELHI: The Supreme Court on Tuesday said there was no illegality in the Centre’s decision to appoint M Nageswara Rao as interim director of CBI as the government was authorised by the high-powered panel to take a decision.
A bench of Justices Arun Mishra and Navin Sinha said the petition filed by Common Cause alleging that the high-powered selection committee (HPSC) had not authorised the government was misplaced and it was filed in “undue haste without verifying the fact”.
“It is clear from the resolution passed by the Committee on 9/10th January, 2019 that the appointment of interim director had been authorised by the Committee under section 4A. Thus, it cannot be said to be unauthorised and illegal in any manner whatsoever. The submission raised that the selection committee had not authorised the appointment of interim director is fallacious on the face of the record and is misconceived in view of the said resolution,” the court said.
“It is apparent from the decision of the committee under Section 4A that the Government was authorised to post a suitable officer as interim director due to the vacancy caused by shifting of Alok Verma. Thus, the submission raised in the petition on behalf of the petitioners that the HPSC has not authorised the appointment of interim director is totally misconceived and petitioners have failed to verify the aforesaid facts and the petition has been filed in undue haste without verifying the fact whether the appointment has been authorised by the committee for appointment of director constituted under section 4A of the DSPE Act,” the court said.
A bench of Justices Arun Mishra and Navin Sinha said the petition filed by Common Cause alleging that the high-powered selection committee (HPSC) had not authorised the government was misplaced and it was filed in “undue haste without verifying the fact”.
“It is clear from the resolution passed by the Committee on 9/10th January, 2019 that the appointment of interim director had been authorised by the Committee under section 4A. Thus, it cannot be said to be unauthorised and illegal in any manner whatsoever. The submission raised that the selection committee had not authorised the appointment of interim director is fallacious on the face of the record and is misconceived in view of the said resolution,” the court said.
“It is apparent from the decision of the committee under Section 4A that the Government was authorised to post a suitable officer as interim director due to the vacancy caused by shifting of Alok Verma. Thus, the submission raised in the petition on behalf of the petitioners that the HPSC has not authorised the appointment of interim director is totally misconceived and petitioners have failed to verify the aforesaid facts and the petition has been filed in undue haste without verifying the fact whether the appointment has been authorised by the committee for appointment of director constituted under section 4A of the DSPE Act,” the court said.
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