Statutory minimum tenure for Director of Enforcement prevails over superannuation rules and cannot be curtailed early.

Section 25(d) of the Central Vigilance Commission Act, 2003 requires the Director of Enforcement to hold office for not less than two years from the date of assuming office, and the non obstante clause gives that statutory tenure priority over inconsistent rules. A rule fixing superannuation under the Fundamental Rules cannot curtail the minimum tenure prescribed by Parliament. The Director's appointment therefore had to continue for the full two-year period, and premature curtailment on superannuation grounds was impermissible.

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Issues: Whether the appointment of the Director of Enforcement could be curtailed on the basis of superannuation under the Fundamental Rules, despite the minimum tenure prescribed under Section 25(d) of the Central Vigilance Commission Act, 2003.

Analysis: Section 25(d) mandates that a Director of Enforcement shall continue to hold office for a period of not less than two years from the date of assuming office. The provision begins with a non obstante clause and therefore prevails over any inconsistent law or rule. A statutory rule cannot override a legislative enactment, and the date of superannuation under the Fundamental Rules could not dilute the minimum tenure fixed by Parliament.

Conclusion: The appointment had to be for a full two-year tenure from the date of assumption of office, and the contrary curtailment based on superannuation was impermissible.

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