Issue fresh order on appointment of ED director: Supreme Court to Centre

A bench comprising Chief Justice J S Khehar and Justice N V Ramana gave the direction after Attorney General Mukul Rohatgi said that an order was issued on October 27 last year appointing IPS officer Karnal Singh as director of ED.

The bench said that the fresh order would make it clear that Singh's appointment as ED director would be for two years from October 27 last year.

Earlier, on January 23, the apex court had asked the Centre to clarify whether the appointment of Singh, a 1984-batch IPS officer, as full-time Director of ED was as per statutory requirement.

The bench had also asked the Attorney General to clarify whether Singh's appointment gave him a two-year tenure as per the provisions of Central Vigilance Commission Act of 2003.

The apex court had noted that as per the appointment letter issued to Singh on October 27, 2016, he will cease to hold office the day he superannuates in August 2017 and, hence, it does not comply with section 25(d) of CVC Act which fixes the tenure of the director of Enforcement Directorate to not less than two years.

Singh, who was holding the additional charge of the director's post after being granted extension, was appointed a full time director of Enforcement Directorate on October 27, 2016 till August 31, 2017, the date of his superannuation.

"A Director of Enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office," reads section 25 (d) of the CVC Act.

The apex court had on September 30 last year asked the Centre to give a time frame for appointing a full time director of the agency which probes money laundering cases.

The apex court's direction came on a PIL filed last year by Mumbai-based former IRS officer Uday Babu Khalwadekar, who has sought quashing of ad-hoc appointment and subsequent extensions granted by the Centre to Singh as head of premier investigation agency in alleged violation of the law.

He had alleged that Singh had been given "ad-hoc extensions from August 2015 till November 2016" in complete contravention of Section 25 (d) of the Central Vigilance Act.

Khalwadekar, in his PIL, referred to other provisions of the CVC Act which provides that the Centre shall appoint ED Director on the recommendations of the Committee, which has the CVC as Chairperson and Vigilance Commissioners as members.

Referring to the appointment made to the post during the UPA-II regime, Khalwadekar's petition said Rajan Katoch was the last full-time Director appointed in March 2012 and he held office for a term of three years till January 30, 2015 and was later given a three-months extension till April 30.

Katoch was given ad-hoc extensions till October 31, 2015, it said, adding that on August 19, the ED Director was replaced by another ad-hoc appointee Karnal Singh who is still continuing as a result of several extensions.

The ad-hoc extensions and the act of not appointing a permanent Director in ED with a secure minimum tenure is severely compromising functioning of the entire agency itself, the petition said.