HM Journal

Extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases.

Issue:

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 Central Vigilance Commission Act, 2003 Act.

Judgment –

“We upheld the power of the Union of India to extend the tenure of Director of Enforcement beyond the period of two years, we should make it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases. Reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the Committee constituted under Section 25 (a) of the CVC Act. Any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period. We do not intend to interfere with the extension of tenure of the second Respondent in the instant case for the reason that his tenure is coming to an end in November, 2021. We make it clear that no further extension shall be granted to the second Respondent”.

Subject to the observations made above, the Writ Petition is dismissed.

Link to the Judgment –

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