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2021 Supreme(SC) 485

L. NAGESWARA RAO, B. R. GAVAI
COMMON CAUSE (A REGISTERED SOCIETY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
For the Petitioner(s):Dushyant Dave, Prashant Bhushan, Pranav Sachdeva, Jatin Bhardwaj, Neha Sangwan, Advocates
For the Respondent(s):Tushar Mehta, SG Zoheb Hossain, Kanu Agarwal, Navanjay Mahapatra, Rajat Nair, Mukesh Kumar Maroria, Vanshaja Shukla, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. This Writ Petition has been filed in public interest under Article 32 of the Constitution of India for quashing the order dated 13.11.2020 issued by Respondent No.1, which extended the tenure of the Respondent No.2 as Director of Enforcement in the Directorate of Enforcement and for consequential direction to Respondent No.1 to appoint the Director of Enforcement in accordance with the procedure prescribed under Section 25 of the Central Vigilance Commission Act, 2003 (for short, ‘CVC Act’).

2. On 19.11.2018, the second Respondent who was working as Principal Special Director in the Directorate of Enforcement was appointed as Director of Enforcement for a period of two years from the date of his assumption of charge of the post or until further orders, whichever is earlier. By an office order dated 13.11.2020, the President of India approved the modification of the order dated 19.11.2018, by amending the period of appointment from two years to three years. The grievance of the Petitioner is that the extension of tenure of the second Respondent to three years is contrary to Section 25 of the CVC Act. It has been averred in the Writ Petition that Respo

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