SC upholds retrospective extension of Mishra's tenure as ED director

Observing that a reasonable period of extension can be granted to facilitate completion of ongoing investigations, the Supreme Court on Wednesday dismissed a plea challenging retrospective change in the 2018 appointment order of Sanjay Kumar Mishra as director of the Enforcement Directorate (ED).

Upholding the Centre's decision, a bench headed by Justice L Nageswara Rao, made it clear however that extension of tenure of officers who have attained the age of superannuation should be done in rare and exceptional cases.

The court also made it clear that no further extension can be given to Mishra.

The top court said that a reasonable period of extension can be granted to facilitate the completion of cases of ongoing investigations only after recording the reasons by the committee constituted under Section 25 of the Central Vigilance Commission Act.

 

"Any extension of tenure granted to persons holding the post of director of ED after attaining age of superannuation should be for a short period. We do not wish to interfere with the post of second respondent in the instant case as the tenure is coming to end in November 2021.

"We make it clear that no further extension shall be granted to the second respondent," said the bench also comprising Justice B R Gavai.

The judgement came on a plea filed by NGO, Common Cause, challenging retrospective change in the 2018 appointment order of Mishra as director of the ED.

Earlier, the apex court had sought responses from the Centre, the Central Vigilance Commission (CVC) on the PIL challenging retrospective change in the 2018 appointment order of Sanjay Kumar Mishra as Director of Enforcement Directorate (ED).

It had resulted in extending Mishra's tenure as ED Director from two to three years.

Mishra, an Indian Revenue Service officer was appointed as the ED Director for two years by an order of November 19, 2018. Later, by an order of November 13, 2020, the appointment letter was modified retrospectively by the central government and his 2-year term was made for three years.

Advocate Prashant Bhushan, appearing for the NGO, had said Mishra could not have been given any extension since he reached the age of 60 years in May 2020 and such an illegal extension may have an impact of "destroying" the independence of the office of the Director.

Besides seeking quashing of the Office Order of November 13, 2020 by which the appointment letter of Mishra was amended, the NGO has also sought a direction to the Union Finance Ministry to appoint a Director, Enforcement Directorate in a transparent manner and strictly in accordance with the mandate of Section 25 of the Central Vigilance Commission Act, 2003.

The NGO had moved the apex court just after the government had decided to amend the 2018 order and grant the extension of service of one more year to Mishra.