The Supreme Court Monday said the proceedings arising from the public interest litigation suit challenging Archana Ramasundaram's appointment as additional director of the CBI would not cast its shadows on her being considered for top police post in Tamil Nadu.
The court's clarification came on Ramasundaram's urging that the PIL should not cloud her being considered for promotion as director general of police as she has been empanelled for it.
The senior Indian Police Service officer of Tamil Nadu cadre made the plea to a bench of Chief Justice R.M.Lodha, Justice Kurian Joseph and Justice Rohinton Fali Nariman which is hearing a PIL by a journalist and anti-corruption activist Vineet Narain contending that her appointment was in breach of statutory provisions and an apex court judgment.
Dispelling her apprehensions that PIL being heard by the court could come in the way of her being considered for the position of DGP, the court said that it had nothing to do with her "competence" and "merit".
As senior counsel Amarendra Saran appearing for Ramasundaram said that she has already been empaneled for the DGP, the court asked if she was opting out as then the PIL also goes out as the IPS officer R.K.Pachnanda, whose recommendation by the selection committee the government had over-ruled, has already opted out.
"We don't decide academic questions," observed Chief Justice Lodha, adding "if one goes, other goes. Then nothing remains. PIL falls".
After the clarification, the court adjourned the hearing as the central government wanted to respond to Tamil Nadu government's affidavit opposing her appointment to the CBI post.
Opposing the Tamil Nadu government's contention, it told the court that in the case of officers belonging to all India services, the directions of the central government prevails over that of the state government.
