SC To Hear Plea Challenging ED Director's Tenure

Factual Background

• The case was Common Cause V. Union of India.
• A plea has been filed by NGO Common Cause which challenges the retrospective extension of ED Director Sanjay Kumar Mishra’s tenure.
• The NGO seeks directions to the Central Government for fair and transparent appointment of a Director to the Enforcement Directorate.
• He was appointed in 2018 and his tenure got over in November 2020.

Petitioner’s Pleas

• The counsel for petitioner had stated that the minimum tenure of 2 years was given in the scheme of the Act but he was given a one year extension.
• A committee is supposed to recommend a candidate for appointment as the ED Director and he cannot be below the rank of Addl. Secretary to the Central Government.
• The order for appointment has been modified such that the tenure of two years is modified to three years, which gave him an additional year of service.
• The CVC Act does not provide for extension or retrospective modification to the appointment orders.
• The appointment should be done in accordance with Section 25 of the Central Vigilance Commission Act of 2003.

Events before the Court

• The Solicitor General could not appear for the hearing so the matter has been adjourned for hearing later.
• The SG was involved in the Pegasus case on behalf of the Union of India, as a result of which a passover was requested.
• The counsel for the petitioner had objected for the passover as this case involved a serious issue of appointment beyond 2 years tenure.
• The Court had asked to ensure that the SG would appear for the next hearing or someone else can appear for the hearing.

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