W.P. (C) 1374/2020
Petition challenging re-appointment of the Director of Enforcement Directorate
Common Cause has challenged the Centre's re-appointment of Sanjay Kumar Mishra as the Director of Enforcement Directorate, seeking to quash the order extending his tenure. This move is an indirect attempt to achieve that is specifically prohibited in law.
To ensure legitimate & transparent appointment of the Director of Enforcement Directorate, in accordance with Section 25 of the Central Vigilance Commission Act, 2003, Common Cause has approached the Supreme Court through an instant writ petition in the public interest under Article 32 of the Constitution of India.
Mishra was appointed as the Director on November 19, 2018, for a period of two years (or until further orders to the contrary), which ended on November 18, 2020. An office order, dated November 13, 2020, modifies the order appointing him to the effect that the period of "two years" in the 2018 order shall be altered to a period of "three years". Additionally, as of May 2020, he has reached the retirement age i.e. 60 years, yet his tenure has been extended by a year. This act is violating the provisions of the Central Vigilance Commission Act, 2003.
On February 15, 2021, a bench comprising Justice L Nageswara Rao and Justice S Ravindra Bhat issued notice, returnable on April 5, 2021. Dasti was permitted.
On April 5, 2021, a bench comprising Justice L Nageswara Rao and Justice Vineet Sareen ordered the matter to be listed on April 16, 2021.