Supreme Court Rejects Plea Against Change In Probe Agency Chief's Tenure

Dismissing a plea challenging the retrospective change in the 2018 appointment order of Sanjay Kumar Mishra as director of the Enforcement Directorate (ED), the Supreme Court today ruled that the concerned officer's tenure should not be further extended.

A bench headed by Justice L Nageswara Rao, however, made it clear that extension of tenure of officers who have attained age of superannuation should be done in rare and exceptional cases.

"We have upheld the power of Union government to extend the tenure of the ED Director. Extension of tenure should be done only in rare and exceptional circumstances. Any extension of tenure should be for a short period," ruled the Supreme Court.

The judgment came on a plea filed by NGO Common Cause challenging retrospective change in the 2018 appointment order of Sanjay Mishra as director of the ED, the central agency which investigates financial crimes.

"We do not intend to interfere with the appointment of the current ED Director. His tenure is already coming to an end in Nov 2021. But should not be extended beyond that," the top court ruled.

Mr Mishra, an Indian Revenue Service officer, was appointed as the ED Director for a period of two years on November 19, 2018. On November 13, 2020, the appointment letter was modified retrospectively by the Central government and his term of "two" years was replaced by "three" years.