Extension of Director ED: Supreme Court to Hear petition on December 12

The Supreme Court on 12 December will hear the petition challenging the extension of tenure granted to Sanjay Kumar Mishra, the incumbent director of the Enforcement Directorate (ED).

Madhya Pradesh congress leader Dr. Jaya Thakur on December 1 had filed a petition in Supreme Court challenges the third extension of tenure granted to the Director of Enforcement Directorate (ED) Sanjay Kumar Mishra.

The center government has power to appointment ED director on the basis of recommendation of the committee provided an officer in not below the rank of additional secretary of government of india.
The tenure on the office of the director of enforcement is for minimum period on two years from the date of assumption of office and director can not be transferred, except with the consent of the committee, the plea said.

The petitioner further said that there are several competent officer who are eligible for consideration of appointment to the post Director of ED and they should not be deprived of the opportunity to be appointed in accordance with the procedure prescribed under the CVC Act.

Even assuming without conceding that the tenure of sanjay mishra can be extended, it can not be for a period of one year when the original appointment made for two years, the plea added

On 18 November the department of revenue passed a order  stated that “the appointments committee of cabinet has approved the extension of Sanjay Kumar Mishra as Director of Enforcement in the ED for a period of one year beyond November 18, 2022, i.e. November 18, 2023 or until further orders, whichever is earlier”.

Mishra’s extended tenure – he originally retired in 2020 but has already got two extensions of one year each.