The court said that HPSC has authorised the government to appoint an interim director due to the vacancy caused by shifting of the then CBI director Alok Verma.
Efforts to reach Verma did not fructify but his aides said he was intimated about the decision to drop him as a speaker.
Union minister Arun Jaitley said Kharge's dissent in the matter of the transfer of Alok Verma was coloured by his political views.
As Verma did not take up the new assignment as directed, he is likely to face departmental action which may include suspension of pensionary benefits, MHA officials said.
Verma immediately responded to the letter from MHA dated January 30, reiterating his position that he had already retired from the service on July 31, 2017 and was serving the tenure of director CBI.
SC judge Justice Sikri recuses himself from hearing plea challenging interim CBI Director appointment
Justice Sikri was part of the high powered panel which had removed CBI Director Alok Verma.
After shunting out CBI chief Alok Verma, the government on Thursday curtailed the tenure of Asthana in the CBI with immediate effect.
Mumbai police commissioner Subodh Jaiswal, Uttar Pradesh DGP OP Singh and NIA director general YC Modi are forerunners for the post which is vacant since the ouster of Alok Verma since 10 June.
Rao was given the charge of interim chief on January 10 till the appointment of a new director after a PM-led committee removed Alok Verma on charges of corruption and dereliction of duty.
Kharge, who is part of the prime minister-headed three-member panel that removed Alok Verma as CBI chief, alleged that the government is scared of CBI led by an 'independent' director.