Supreme Court Will Hear A Petition Challenging Sanjay Kumar Mishra’s Tenure Extension

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 filed a petition in the Supreme Court challenging the third extension of tenure granted to the Director of Enforcement Directorate (ED) Sanjay Kumar Mishra.

The central government has the power to appoint an ED director on the basis of the recommendation of the committee provided an officer is not below the rank of additional secretary of the government of India.
The tenure in the office of the director of enforcement is for a minimum period of two years from the date of assumption of office and the 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 was made for two years, the plea added

On 18 November the department of revenue passed an order stating 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 initially retired in 2020 but has already got two extensions of one year each.