With the Centre and Tamil Nadu Government crossing swords over the appointment of CBI Additional Director Archana Ramasundaram, the Supreme Court on Tuesday asked the Centre to work a way out for the officer in question, finding that she was getting ‘sandwiched’ between the Centre and the State Government.
Attorney General Mukul Rohatgi told the court that process is underway to empanel her as DGP and shift her to another post. He even sought to justify the Centre’s decision to appoint her contrary to the decision of the Selection Committee headed by the CVC.
Another problem was posed by TN Government, which initiated disciplinary proceeding against her for joining CBI without being relieved by Tamil Nadu, her parent cadre.
On the first ground, the bench cited Section 4C of DSPE Act that mandated Centre to give effect to Committee’s recommendation that clearly stood violated.
On the other issue arising out of conflict with the State Government, the court decided to examine whether Centre could proceed with appointment while the State remains silent or does not reply to repeated requests to relieve the officer. When Rohatgi argued that the court vacate its order restraining the officer to perform her official task, the Bench said that the Centre had not shown anything to change its earlier view holding the appointment legally flawed. The court rebutted Centre’s claim that public interest was not maintainable in the case which essentially is a service matter.
The court said that Ramasundaram’s case was a “definite fact situation” to show how Centre made CBI appointments, contrary to the law and its direction in Vineet Narain case.