Case: COMMON CAUSE Vs. UNION OF INDIA

court and it was made clear by the Attorney General for India that the said Committee by majority has decided to authorise Government of India to appoint an interim Director while passing a resolution and the counsel for the petitioner was told by the Court of such resolution having been passed by the Committee. On that, he had conceded that the ground that Committee under Section 4A has not authorised appointment does not survive. Following is the operative part of the resolution dated 9 th /10 th January, 2019:“(i) Shri Alok Kumar Verma be transferred from the post of Director, CBI and given a suitable assignment for the residual period of his present term ending on 31.01.2019.(ii) the Central Government may post a suitable officer to look after the duties of the Director, CBI till the appointment of a new Director, CBI.”14. It is apparent from the decision of the committee under Section 4A that the Government was authorised to post a suitable officer as interim Director due to the vacancy caused by shifting of Mr. Alok Verma. Thus, the submission raised in the petition on behalf of the petitioners that the HPSC has not authorised the appointment of interim Director is totally misconceived and petitioners have failed to verify the aforesaid facts and the petition has been filed in undue haste without verifying the fact whether the appointment has been authorised by the Committee for appointment of Director constituted under section 4A of the DSPE Act.15. Unfortunately after what transpired in the court on 1.2.2019 certain tweets were made by learned counsel appearing on behalf of Common Cause and another with respect to which the Attorney General has filed contempt petition as well as the Union of India. It was tweeted that the Minutes of the said meeting had been forged, the Court was misled and there had been no authorisation by the Committee constituted under section 4A about appointment of interim Director. As to the tweets made, the contempt petitions have been filed in which notice has been issued. Effect of the tweets during the pendency of the writ petition is the subject matter of the contempt petition and the same is to be considered in Contempt Petition (Crl.) Nos. 1 and 2 of 2019 as such we refrain to comment in the petition on the submission as to tweets.16. It is clear from the resolution passed by the Committee on 9/10 th January, 2019 that the appointment of interim Director had been authorised by the Committee under section 4A. Thus, it cannot be said to be unauthorised and illegal in any manner whatsoever. The submission raised that the Selection Committee had not authorised the appointment of interim Director is fallacious on the face of the record and is misconceived in view of the said resolution. We need not go into the larger question whether in such exigency it was necessary to have such a resolution for the appointment of Interim Director by Selection Committee as that does not arise for decision in this case as Committee has passed the aforesaid resolution.17. With respect to RTI application that was filed by petitioner No.2, it had been replied on 19.12.2018 as follows:“Please refer to your online RTI application bearing registration No. DOP&T/R/2018/56336 dated 5.12.2018 information under RTI Act, 2005.2.It is informed that as per this Department’s Executive Order No.230/14/99-DSPE dated 8.7.2004 issued in pursuance of Hon’ble Supreme Court’s directions dated 20.4.2004 given in CA No. 4303/2002, all the IPS officers of the senior most 4 batches in service on the date of retirement of the (incumbent) Director, CBI are needed to be considered for selection to the post of Director, CBI. It is further informed that as per Section 4(A)(1) of the DSPE Act, 1946, as amended by the Lokpal and Lokayuktas Act, 2013 (No.1 of 2014) (copy enclosed), the Central Government appoints the Director, CBI on the recommendation of the Committee consisting of members as prescribed for the purpose under the ibid section.3.As per Section 19 of RTI Act, 2005, an appeal against the above decision would lie before the 1 st Appellate Authority Ms. Ashwini Dattatraya Thakre, Deputy Secretary (AVD¬II), North Block, New Delhi within 30 days of receipt of this letter.”18. Petitioner had filed yet another application on 25.12.2018 in which it was prayed that what was the process being adopted by the Government to shortlist of the candidates, a copy of shortlisting prepared be disclosed, following reply was sent on 2.1.2019 :“Please refer to your online RTI application bearing registration No. DOP&T/R/2018/56394 & DOP&T/R/2018/56397 dated 25.12.2018 information under RTI Act, 2005. 2.It is informed that as per this Department’s Executive Order No.230/14/99-DSPE dated 8.7.2004 issued in pursuance of Hon’ble Supreme Court’s directions dated 20.4.2004 given in CA No. 4303/2002, amongst all the IPS officers of the senior most 4 batches in service on the date of retirement of the (incumbent) Director, CBI are needed to be considered for filling up the post of new Director, CBI. The process of selection of new Director in CBI has not attained finality.3.As per Section 19 of RTI Act, 2005, an appeal against the above decision would lie before the 1 st Appellate Authority Ms. Ashwini Dattatraya Thakre, Deputy Secretary (AVD¬II), North Block, New Delhi within 30 days of receipt of this letter.”19. Petitioner No.2 was advised by the aforesaid communication in case she was aggrieved, to take recourse to appeal before the appellate authority under the RTI Act. It appears that the petitioner has not filed any appeal/s. In view of letters, we find no ground to interfere in the matter on the said ground too.20. On the one hand the petitioner asked on 10.1.2019 for an appointment of regular Director and that meeting be convened at the earliest to appoint regular Director. We find that since the regular Director has been appointed the main prayer of the petitioner stands satisfied and there is absolutely no justification to continue with this writ petition in the aforesaid circumstances. In

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]13. After several recusals by different Benches, ultimately, the case was taken up on 1.2.2019 by this Court on which date the arguments were heard at some length.It is apparent from the decision of the committee under Section 4A that the Government was authorised to post a suitable officer as interim Director due to the vacancy caused by shifting of Mr. Alok Verma. Thus, the submission raised in the petition on behalf of the petitioners that the HPSC has not authorised the appointment of interim Director is totally misconceived and petitioners have failed to verify the aforesaid facts and the petition has been filed in undue haste without verifying the fact whether the appointment has been authorised by theCommittee for appointment of Directorconstituted under section 4A of the DSPE Act.15. Unfortunately after what transpired in the court on 1.2.2019 certain tweets were made by learned counsel appearing on behalf of Common Cause and another with respect to which the Attorney General has filed contempt petition as well as the Union of India. It was tweeted that the Minutes of the said meeting had been forged, the Court was misled and there had been no authorisation by the Committee constituted under section 4A about appointment of interim Director. As to the tweets made, the contempt petitions have been filed in which notice has been issued. Effect of the tweets during the pendency of the writ petition is the subject matter of the contempt petition and the same is to be considered in Contempt Petition (Crl.) Nos. 1 and 2 of 2019 as such we refrain to comment in the petition on the submission as to tweets.16. It is clear from the resolution passed by the Committee on 9/10 th January, 2019 that the appointment of interim Director had been authorised by the Committee under section 4A. Thus, it cannot be said to be unauthorised and illegal in any manner whatsoever. The submission raised that the Selection Committee had not authorised the appointment of interim Director is fallacious on the face of the record and is misconceived in view of the said resolution. We need not go into the larger question whether in such exigency it was necessary to have such a resolution for the appointment of Interim Director by Selection Committee as that does not arise for decision in this case as Committee has passed the aforesaid resolution.Petitioner No.2 was advised by the aforesaid communication in case she was aggrieved, to take recourse to appeal before the appellate authority under the RTI Act. It appears that the petitioner has not filed any appeal/s. In view of letters, we find no ground to interfere in the matter on the said ground too.20. On the one hand the petitioner asked on 10.1.2019 for an appointment of regular Director and that meeting be convened at the earliest to appoint regular Director. We find that since the regular Director has been appointed the main prayer of the petitioner stands satisfied and there is absolutely no justification to continue with this writ petition in the aforesaid circumstances.