CBI’s first woman Additional Director Archana Ramasundaram continues to officiate despite a Supreme Court order that restrains her from discharging any official function from May 9 this year. This has brought her on a collision course with the SC.
Ten days after the SC’s restraint order of May 9, Ramasundaram cleared a file relating to the performance appraisal of an IPS officer who worked under her while she was posted as DGP in Tamil Nadu. A communication sent by her to the Chief Secretary of Tamil Nadu bears her signature as Additional Director, CBI.
Ramasundaram issued the letter on May 19 and it was received by the Tamil Nadu Chief Secretary office on May 26. In the letter, a copy of which is with The Pioneer, Ramasundaram praised IPS officer Sunil Kumar Singh using the official CBI letterhead and seal of her office, something that could attract even contempt action from the Supreme Court. The Tamil Nadu Government, which wants to intervene in the proceedings pending against her, has annexed a copy of the letter to its application for intervention.
The officer’s act of defiance comes at a time when the court is set to examine her legal defence on Monday against a petition by journalist Vineet Narain. The PIl claims her selection by the Appointments Committee of Cabinet (ACC) is illegal. The Tamil Nadu Government, which has opposed her central deputation without the State’s consent, suspended her with effect from May 8, a day after she received the order from Department of Personnel and Training to join the CBI.
The Supreme Court in its May 9 order clearly said, “The respondents are restrained from henceforth allowing Archana Ramasundaram to discharge the functions of Additional Director CBI until next date.”
In doing so, the court held, “It is clarified that the interim order shall not be construed as reflection on the competence or merits of the officer in any manner whatsoever but has become necessary in view of strong prima facie case made out with regard to legal flaw in selection.”
With this order still in place, it is to be seen how the court reacts to the blatant violation of its order by the officer in question. The petitioner Narain through senior advocate KK Venugopal argued that the name of Archana Ramasundaram was not recommended by Central Vigilance Commission (CVC). The corruption watchdog had recommended the name of RK Pachnanda, a 1982-batch IPS officer from West Bengal. Ramasundaram’s case was allegedly pushed by CBI Director and backed by Union Home Ministry.
Narain alleged that such appointment compromised the independence and integrity of CBI, the very basis on which it was founded. Citing the 1997 decision in Jain Hawala case that came on a petition filed by Narain, the petitioner claimed that such appointments threatened to defeat SC’s efforts to redeem CBI from becoming a tool of political agents rather than being controlled by CVC, as envisaged by the 1997 decision.
Defying court order
On May 19, Ramasundaram cleared a file relating to the performance appraisal of an IPS officer who worked under her while she was posted as DGP in Tamil Nadu
A communication sent by her to the Chief Secretary of Tamil Nadu bears her signature as Additional Director, CBI In the letter, a copy of which is with The Pioneer, Ramasundaram praised IPS officer Sunil Kumar Singh using the official CBI letterhead and seal of her office, something that could attract even contempt action from the Supreme Court
The Tamil Nadu Govt, which wants to intervene in the proceedings pending against her, has annexed a copy of the letter to its application for intervention