Govt. back in SC on tenure extension of ED Director; next hearing on July 27
The Hindu
In a July judgment, the court found back-to-back, “piecemeal” service extensions given to Enforcement Directorate Director S.K. Mishra in 2021 and 2022 illegal. The court, however, allowed him to continue in office to aid with the “smooth transition” of official responsibilities to his successor
The Centre on Wednesday made an urgent oral mentioning in the Supreme Court with regard to a July 11 judgment, which ordered Enforcement Directorate (ED) Director S.K. Mishra to quit office by July 31.
In a judgment on July 11, the court found Mr. Mishra’s continuation in office illegal. The ED Director was on his third consecutive extension of tenure till November 2023.
In May, the government had justified that his tenure was extended keeping in view the ongoing evaluation by the Financial Action Task Force. The Centre had argued that the ED Director was not a promotional post, so nobody was losing a career opportunity due to the extension of Mr. Mishra’s tenure.
On Wednesday, Solicitor General Tushar Mehta said the government had filed a fresh application to “persuade” the court about the extension.
A Bench headed by Justice B.R. Gavai fixed the case for hearing on July 27.
In its July judgment, Justice Gavai, who authored the verdict, found back-to-back, “piecemeal” service extensions given to Mr. Mishra in 2021 and 2022 illegal. The court, however, allowed Mr. Mishra to continue in office in order to aid with the “smooth transition” of official responsibilities to his successor. Mr. Mishra is in his fifth year as ED Director.
The court had, however, upheld amendments enacted in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules allowing the Central Bureau of Investigation and ED chiefs a maximum three annual extensions besides their two-year fixed tenures.