Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Special Police Establishment Act. I 946 - s.4C - Appointment of respondent no.2 as Special Director of CBI |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Delhi Special Police Establishment Act. I 946 - s.4C - Appointment of respondent no.2 as Special Director of CBI - Challenged on the ground that no decision was taken by Selection Committee in its meeting regarding appointment of respondent no.2 on the post of Special Director of CBI and, therefore, order of appointment was illegal - Held: s.4C provides for procedure for appointment of Superintendent of Police - s.4C envisages that the appointment on the post of Superintendent of Police and above has to be made by the Selection Committee in consultation with the Director. CBI - There cannot be any doubt that ifthe statute provides for consultation with any person before making recommendation for appointment to any post, consultation with that person has to be made - The question of giving primacy to the opinion expressed by the person with whom the consultation has 10 be made depends upon various factors - If there is no Selection Committee and the appointing authority is required to consult with some other Constitutional/Statutory authority then the question of giving primacy to the opinion expressed by the person with whom the consultation is to be made exists - However. in cases, where a Selection Committee has been constituted which consists of high officials and consultation has to be made with another person of the Department for which recommendation for appointment is to be made, in that eve/I/, the consultation is only a process of discussion which has lo be taken into consideration while making recommendation by the Selection Committee - It cannot be said to have a primacy - In the Minutes of the Meeting of the Selection Committee held on 21.10.2017. the Selection Committee had discussed the note submitted by the Director, CBI and also discussed the same with him - The minutes show that the Director; CBI had furnished a secret/confidential letter enclosing an unsigned note. referring to respondent no.2 - The Committee had considered thenote and the matter was also discussed with the Director, CBI - TheCommittee found that there were no findings in the papers that theperson mentioned therein is the same person under considerationfor appointment and there is nothing about the veracity of thecontents of the document - The Committee further found the factthat the CBI_ itse(f moved the proposal on 06.07.2017 categoricallymentioning that respondent no.2 is suitable to hold the post of SpecialDirector, CBI - The Committee also held that no further verifiedmaterial has been brought on record and the Committee decided torecommend the name of respondent no.2 for appointment as SpecialDirector, CBI - The Committee has also kept in view the fact thatthe Vigilance Commission does not take cognizance of complaintsreceived just on the verge of appointments or promotions unlessthey are proven misconducts - The decision taken by the SelectionCommittee was unanimous - Once there is consultation, the contentof that consultation is beyond the scope of judicial review thoughlack of effective consultation could fall within the scope ofjudicialreview - Further, even in the FIR filed by the CBI, the name ofrespondent no.2 was not mentioned at ail - Thus, lodging of FIRwill not come in the way of considering respondent no.2 for thepost of Special Director.. after taking into consideration his servicerecord and work and experience - The Minutes of the Meeting(MoM) of the Selection Committee shows that the news items reportedin the print and electronic media that no decision was taken withrespect to the appointment on the post of Special Director, CBI inthe meeting of the Selection Committee held on 21.10.2017 arefactual(v incorrect - Likewise, the statement of the Professor of theUniversity of London reported in the Indian Express appears to bebased on the newspaper reports which have been joined to be·factually incorrect, and therefore, it has no substance -Appointmentof Respondent No. 2 to the post of Special Director, CBI does notsuffer from any illegality. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2017 INSC 1152 |
Petitioner | Common Cause |
Respondent | Union Of India And Others |
SCR | [2017] 11 S.C.R. 154 |
Judgement Date | 2017-11-28 |
Case Number | 1088 |
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