The Central Vigilance Commission’s (CVC) recommendations to send CBI Director Alok Verma on leave have led to a debate over whether the anti-corruption ombudsman has the powers to do so, especially in the backdrop of the Supreme Court judgment stipulating a two-year fixed tenure for the CBI chief.
Verma has petitioned the apex court citing Section 4B of the Delhi Special Police Establishment (DSPE) Act, saying it statutorily secures the two-year period of the Director’s tenure notwithstanding anything to the contrary.
He said the Centre and the CVC’s move was “patently illegal” and such interference “erodes” the independence and autonomy of the premier investigating institution.
The petition also said that as the apex court has repeatedly stated that the CBI ought to be insulated from the Government, the present actions give serious credence to the requirement that the agency be given independence from the DoPT.
For its part, the CVC cited the extra-ordinary and unprecedented circumstances to “exercise” its powers under Section 8 of the CVC Act, 2003 of superintendence over the functioning of DPSE (CBI), in so far as it relates to the investigation of offences alleged to have been committed under Prevention of Corruption Act, 1988. It cited it to pass orders divesting Verma and Rakesh Asthana, Special Director, CBI of the functions, power, duty and supervisory role in respect of cases already registered and/or required to be registered and/or being inquired/enquired/investigated under the provisions of Prevention of Corruption Act, 1988, until further orders.
Verma was replaced as the top boss of the CBI in a coup that saw the CBI headquarters in the Capital being cordoned off by the police before the man chosen as the new CBI head, M Nageswar Rao, drove in and took charge.
After the Supreme Court’s landmark judgment in the Hawala Case in late 90s and subsequent CVC Act, the SP and above level officers in the CBI and the ED are to be selected by the CVC headed Empowered Committee. This committee chaired by the CVC and two Vigilance Commissioners and Home and DoPT Secretary will select, decide on the transfer, promotion, appointment and suspension of all the officers. In the case of ED recruitments, Revenue Secretary will be also part of this Empowered Committee, after the apex court’s landmark judgments. CBI and ED chiefs are part of this Committee and proposal have to mooted by them as per the CVC Act.
In case of Joint Director or IG level officers and above, after the Empowered Committee’s recommendation, the Prime Minister headed Appointments Committee of Cabinet (ACC) will issue orders. It is important to note that after the apex court’s judgment, CBI and ED Directors enjoy two-year fixed tenure, as the court said that this fixed tenure was given to ensure independence to CBI and ED chiefs.
After passage of the Lokpal Act in 2013, CBI Director is selected by the three comber committee headed by Prime Minister, Leader of Opposition and Chief Justice of India. The service records of the shortlisted candidates will be first scrutinised by Chief Justice, who present his observations to the other two members - Prime Minister and Leader of Opposition and majority opinion will prevail.
After the removal of Alok Verma and Rakesh Asthana in the midnight, in the early morning, newly appointed incharge Director Nageswara Rao issued transfer of 13 officers. This could be violation as Empowered Committee was not convened.