TaxTMI 
TaxTMI 
2017 (12) TMI 95
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....tigation (CBI) on the ground that the appointment has been made illegally, arbitrarily, mala fide and in violation of the principles of impeccable and institutional integrity. 2) We have heard learned Shri Prashant Bhushan, learned counsel for the petitioner and Mr. K.K. Venugopal, learned Attorney General appearing for the Union of India. 3) Shri Prashant Bhushan, learned counsel contended that this Court in Vineet Narain and Others vs. Union of India and Another (1998) 1 SCC 226 has laid down the procedure for appointment of Director, CBI which is as under:- "58.6. Recommendations for appointment of the Director, CBI shall be made by a Committee headed by the Central Vigilance Commissioner with the Home Secretary and Secret....
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.... appointment of the Director, CBI, only Section 4C, as substituted by the Act of 2013, has to be considered. Section 4C of the DSPE Act provides for the procedure for appointment of Superintendent of Police and above reads as under:- "4C. Appointment for posts of Superintendent of Police and above extension and curtailment of their tenure, etc. - (1)The Central Government shall appoint officers to the posts of the level of Superintendent of Police and above except Director, and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment, on the recommendation of a Committee consisting of:- a) The Central Vigilance Commissioner - Chairperson b) Vigil....
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....thana - Respondent No. 2 herein finds place as also in the FIR dated 30.08.2017 filed by the CBI, in the column of details of known/suspected/unknown accused with full particulars, a mention has been made for "other unknown public servant and private persons", contended that in any event Respondent No. 2 could not have been recommended for appointment as Special Director, CBI as the matter is under investigation. 8) He relied upon a 9-Judges Bench decision of this Court in Supreme Court Advocates-on-Record Association and Others vs. Union of India (1993) 4 SCC 441 to submit that consultation is to be effective and primacy has to be given to the views of the persons consulted. 9) Learned counsel for the petitioner further relied upon a....
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.... for not accepting the contents of the letter submitted by the Director, CBI and recommended Shri Rakesh Asthana for appointment as Special Director, CBI. He further submitted that the CBI itself had moved the proposal on 06.07.2017 for appointment of Shri Rakesh Asthana as a suitable candidate to hold the post of Special Director, CBI. According to him, Shri Rakesh Asthana was holding the post of Additional Director, CBI before being appointed as Special Director, CBI and had been supervising functions of 11 Zones, viz., STF Zone, MDMA Zone, Delhi Zone, Lucknow Zone, Patna Zone, EoZ-II Zone, Mumbai, EoZ-III Zone, Kolkata Zone, North East Zone, Chennai Zone & Chandigarh Zone. In the above capacity, he is supervising the investigation/trial ....
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....icials and consultation has to be made with another person of the Department for which recommendation for appointment is to be made, in that event, the consultation is only a process of discussion which has to be taken into consideration while making recommendation by the Selection Committee. It cannot be said to have a primacy. 15) In the Minutes of the Meeting of the Selection Committee held on 21.10.2017, the Selection Committee had discussed the note submitted by the Director, CBI and also discussed the same with him as would be clear from the Minutes reproduced hereinbelow:- "Item No. II: Induction of IPS officers as Special Director, CBI. The Agenda papers have been considered. The Director CBI has furnished a Sec....
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.... the note referred, inter alia, to one Shri Rakesh Asthana. (ii) The Committee had considered the note and the matter was also discussed with the Director, CBI. (iii) The Committee found that there are no findings in the papers that the person mentioned therein is the same person under consideration for appointment and there is nothing about the veracity of the contents of the document. (iv) The Committee further found the fact that the CBI itself moved the present proposal on 06.07.2017 categorically mentioning that Shri Rakesh Asthana IPS (GJ:1984) is suitable to hold the post of Special Director, CBI. (v) The Committee also held that no further verified material has been brought on record and the Commi....