SC orders permanent absorption of Rajeshwar Singh as ED Dy Dir

Published on:

08 Sep 2014, 12:00 am

The Supreme Court today asked the Centre to absorb Rajeshwar Singh, who has been probing the money laundering aspects in cases including in the 2G scam, as permanent Deputy Director in the Enforcement Directorate within three days.

"The Central government shall confirm the permanent absorption of Rajeshwar Singh as Deputy Director within three days from today," a bench of justices H l Dattu and S A Bobde said.

The bench came down heavily on the Centre for not complying with the directions of the Central Administrative Tribunal (CAT), issued on December 24 last year, to absorb Singh on permanent basis with the ED.

"You (Centre) don't obey the positive directions issued by the tribunal. The Delhi High Court refuses to stay the order of the tribunal on your writ petition. Even then you kept waiting for eight months.

"We will pass an order asking you to give him permanent appointment with ED," the bench said, adding that "this court had trusted this man for conducting the trial. Do you expect him to keep on fighting court cases and investigate the matter."

It also clarified that the order of the CAT has to be complied with as the Centre failed to file a special leave petition in the Supreme Court after the Delhi High Court refused to stay the tribunal's order in the matter.

Additional Solicitor General (ASG) l Nageswara Rao, appearing for the Centre, opposed the plea of Singh saying that the writ petition is still pending in the high court and order can be passed by the apex court only after the decision of the case by the high court.

Referring to the sequence of events, the ASG said that various ED officers, who had come on deputation, were decided to be absorbed as permanent officials by the UPSC.

However, the appointment committee of the Ministry of Finance later decided not to confirm these officials as permanent officers, the ASG added.

The ASG informed the court that the money laundering probe in the 2G case and the Aircel-Maxis case are already over.

The bench, however, did not allow the submissions of the central government and said that the officers had the trust of the apex court and cannot be treated like this.

Earlier the apex court had said that it will pass an appropriate order after hearing Singh as to whether he wants to continue with the ED or not.

Raising the issue of Singh, BJP leader Subramanium Swamy had said that despite the apex court's May 1 order he had not been reinstated into the investigation and it was not known "what powerful element are working" that he is out of the probe.

Singh had sought to recuse himself from the investigation as attempts were being made to destroy the case.

Swamy was one of the petitioners on whose plea the 2G licences were scrapped by the apex court which is monitoring the probe by the CBI and the ED.

Senior advocate K K Venugopal, while appearing for the ED, had placed before the bench a note in which Singh had expressed his desire to go on study leave.

The bench after perusing the copy of his letter, written to ED in which he said he would be available for the probe whenever required, had said since it concerns an officer it would like to hear him.

It was reported that Singh had taken a year-long 'study leave' apparently owing to lack of clarity over his continuance in the agency.

The apex court on May 1 had ordered that Singh be not taken away from the ongoing probe in 2G cases and directed that he will continue with the investigation till completion of trial.

The order was passed after it was alleged that Singh was being transferred to his parent cadre in Uttar Pradesh.