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2019 Supreme(SC) 185

ARUN MISHRA, NAVIN SINHA
COMMON CAUSE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the appearing parties :Mr. K. K. Venugopal, Attorney General, Mr. Tushar Mehta, ASG, Mr. Rajat Nair, Advocate, Mr. R. Balasubramaniam, Advocate, Ms. Shraddha Deshmukh, Advocate, Mr. Kanu Agrawal, Advocate, Mr. Rajeev Ranjan, Advocate, Mr. A. K. Sharma, Advocate, Mr. Ankur Talwar, Advocate, Ms. Uttara Babbar, Advocate, Ms. Bhavana Duhoon, Advocate, Mr. Prashant Bhushan, Advocate, Mr. Rohit Kumar Singh, Advocate and Ms. Cheryl D’Souza, Advocate.

JUDGMENT

Arun Mishra, J.

The writ petition has been filed under Article 32 of the Constitution of India seeking issuance of a writ of mandamus to direct Union of India to appoint a regular Director of CBI forthwith by following the procedure laid down in section 4A of the Delhi Special Police Establishment Act, 1946. Prayer has also been made to quash the order dated 10.1.2019 issued by Union of India appointing Mr. Nageshwar Rao as the interim Director of CBI. A further prayer has been made to issue appropriate writ or direction to the Union of India to ensure that all records of deliberations and rational criteria of short listing and selection of the Director, CBI be properly recorded and made available to citizens inconsonance with the provisions of the RTI Act. A further prayer has been made to direct Union of India to ensure transparency in short listing, selection and appointment process of Director, CBI.

2. It is averred in the petition that the Government of India has failed to appoint Director of CBI as per section 4A of the Delhi Special Police Establishment Act, 1946, and has instead appointed Mr. Nageshwar Rao as the interim Director of CBI in an arbitrary and illegal man









































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