2017 (1) TMI 1763

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....he Union of India states, that the appointment of Shri Karnail Singh, IPS, to the post of Director, Enforcement, has been made vide order dated 27.10.2016, in compliance of and in consonance with the Fundamental Rule 56. 3. Based on the above Rule, it is submitted, that the appointment of Shri Karnail Singh, to the post of Director, Enforcement, could have been made, only till the date of his sup....

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.... xxx xxx xxx (iii) xxx xxx xxx (iv) xxx xxx xxx (v) xxx xxx xxx (b) While making a recommendation, the Committee shall take into consideration the integrity and experience of the officers eligible for appointment; (c) No person below the rank of Additional Secretary to the Government of India shall be eligible for appointment as a Director of Enforcement; (d) A Director of Enf....

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.... reveals, that the appointment of the Director, Enforcement could not be for a period less than two years from the date on which an incumbent assumes his office. 5. We are of the considered view, that a statutory rule can never override a legislative enactment, and as such, the date of superannuation would have no consequence whatsoever with reference to Clause (d), which is explicit and clear. A....