Plea in Supreme Court against extension granted to ED Director

The petition stated that Sanjay Kumar Mishra had not uploaded his annual immovable property returns for the years 2018, 2019, and 2020 on time.

Published: 06th April 2022 07:15 PM  |   Last Updated: 06th April 2022 07:15 PM   |  A+A-

Enforcement Directorate chief SK Mishra

Enforcement Directorate chief Sanjay Kumar Mishra (Photo| Twitter/ @IRSAssociation)


NEW DELHI: A plea has been filed in the Supreme Court challenging the extension granted to the Director of Enforcement Directorate (ED) Sanjay Kumar Mishra.

The plea filed by the national spokesperson of the All India Trinamool Congress Saket Gokhale contended that the extension granted to the ED director was invalid under Section 25 of the Central Vigilance Commission Act and in gross violation of the apex court's recent judgement in September 2021.

The petition stated that Mishra had not uploaded his annual immovable property returns for the years 2018, 2019, and 2020 on time.

Gokhale referred to an office order which requires all civil servants to file their immovable property returns.

"It is all the more surprising that the officer in question has been granted an extension of tenure for a second time when on the contrary he is liable to be proceeded against by way of departmental enquiry for his failure to comply with the said office order," the plea said.

The top court on September 8, 2021, had upheld the Centre's power to extend Mishra's tenure as Director of the Enforcement Directorate (ED) but clarified that extension of officers after the age of superannuation should be done only in rare and exceptional cases.

It had said that a reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the Committee constituted under Section 25 (a) of the CVC Act.

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

It had further stated that an extension of the tenure of the Director should be for a short period.

The top court had noted that though there is no provision in the CVC Act for extension or reappointment of Director of Enforcement, section 21 of the General Clauses Act, 1897 enables the Government to extend the tenure of Mishra.

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


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