The Centre’s refusal to absorb a top-ranking ED official Rajeshwar Singh — linked with the 2G probe — baffled the Supreme Court on Monday, which set a three-day deadline for the Government to appoint the officer as Deputy Director, in line with the ruling of the Central Administrative Tribunal (CAT) eight months ago.
“When a competent tribunal has passed an order you should have implemented it,” said a Bench of Justices Hl Dattu and SA Bobde as it directed the Centre to give effect to the tribunal order of December 24, 2013 within three days. The order was followed by an application moved by senior BJP leader Subramanian Swamy, who is a petitioner in the 2G monitoring case in SC.
At present, Singh is on deputation in ED where he has been entrusted with the Aircel-Maxis investigation and other sensitive cases. The court decided to come to the rescue of the officer as it was of the view that he could do a fair job only if he was protected on his work front.
The Bench said, “Here is an officer in whom we had full faith and trust. In this frame of mind can he be expected to perform his task.” Singh was recommended for absorption by the UPSC that found him most meritorious to fill the vacancy of Deputy Director of ED. The then Finance Minister P Chidambaram overruled the recommendation and preferred an appeal before the Delhi High Court. On February 6 this year, even the Delhi HC refused to stay the CAT order that left no option for the Centre but to absorb the officer, which it failed to do.
Coming to the rescue of the officer, Bench said, “See his plight. He has to fight in CAT on one hand and also look into the investigation of big people. You can only imagine what he would have gone through.” The change of guard at the Centre refused to make any impact on the stand adopted by Finance Ministry.
Appearing for the Centre, Additional Solicitor General lN Rao on Monday informed the Court that it was impossible to absorb Singh as the policy of absorption had been withdrawn by the Centre. Moreover, Rao submitted that the investigation in the 2G and Aircel-Maxis case being investigated by Singh was over. This left Singh in a pathetic situation as his deputation had long expired on October 21, 2013 following which he continued in service by virtue of CAT order and interim order issued by SC to retain him as part of the 2G investigation team.
The insensitivity of the Centre shocked the Bench. “As a responsible Government you should have approached us in appeal to challenge rejection of interim relief by HC…Eight months have passed since the order was passed. You have kept the matter in cold storage,” the bench said. It remarked that the Centre had no interim order in its favour and hence the Government was duty-bound to faithfully follow the Tribunal order.