CBI pulls out Govt's 25-yr-old circular to back its demand
Snubbed by the Government twice over grant of ex-officio Secretary status to CBI Director, the agency has pulled out a 25-year old Government Order that fully backs the investigative agency's demand for accordance of Secretarial status to its chief for functional purposes.
Placing the notification of the Department of Personnel and Training (DoPT) issued on May 16, 1988 along with its affidavit in Supreme Court, the CBI said that the Government Order envisaged situations where "head of a subordinate/attached office could be granted ex-officio Secretarial Status for functional purposes".
The notification has virtually thrown a spanner in Government's defence. The Centre had opposed the agency's demand on the ground that Secretary is the head of Department as per GoI (Transaction of Business) Rules. In its affidavit, the Centre told the Court, "Granting the Director CBI ex-officio powers of the Secretary would run contrary to the above Rules, and affect the statutory scheme of governance." The Centre even suggested that other police organisations will raise similar demand if CBI's request was accepted.
Interestingly, the Centre did not refer to the DoPT order in its reply. Packing a punch in order to salvage its chance to obtain functional autonomy, the CBI affidavit said, “Even if CBI is an attached office with the DoPT, nowhere it is provided in the relevant Rules that DoPT shall control the day-to-day affairs of CBI thereby adversely affecting the efficacy and independence of investigation and prosecution being carried out by CBI.” Even the Rules did not place any bar on Director being given status of Secretary, it added.
In the wake of new material brought on record by the agency, the Centre has sought time from Court to file response by December 5.
Even with regard to the apprehension expressed by Centre that other police organisations will follow suit if such status was allowed exclusively to CBI, the agency's affidavit made it clear that only CBI functioned as an attached office under DoPT to which the Centre’s decision will apply.
Further, The CBI referred to the lokpal Bill to highlight the special status given to CBI vis-à-vis other organisations including police organisations. The Bill, drafted by the Centre is yet to be passed in Parliament.