2017 (1) TMI 1763

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....learned Attorney General representing the 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....

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....of the Committee consisting of- (i) xxx xxx xxx (ii) 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 ....

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....all pass such orders as it thinks fit to give effect to the said recommendation." (Emphasis is ours) A perusal of Clause(d) of Section 25 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 ena....