Research › Browse › Judgment

Supreme Court of India · body

1996 DIGILAW 1020 (SC)

Anukul Chandra Pradhan v. Union of India

1996-04-26

B.N.KIRPAL, J.S.VERMA

body1996
JUDGMENT : 1. Shri D.P. Gupta, S.G. and Shri Anil B. Diwan, Sr. Advocate are heard. The Director, C.B.I. - Shri K. Vijay Rama Rao and the Revenue Secretary, Shri M.R. Sivaraman are present and are heard. 2. The learned Solicitor General submitted that Shri K. Vijay Rama Rao is to demit the office of Director, C.B.I. on 30th of April, 1996 and, therefore, directions of this Court are required in view of the earlier direction dated 2.4.1996 by which Shri K. Vijay Rama Rao, Director, C.B.I. was ordered to be overall incharge of all the investigations being conducted by the C.B.I. as is the direction given also to the Revenue Secretary, Mr. M.R. Sivaraman and the Commissioner of Delhi Police, Mr. Nikhil Kumar in respect of investigations being conducted by their departments, in this matter. Learned Solicitor General also submitted that in the existing circumstances when the elections are in progress and a new Government at the Centre is to be formed after some time and also in view of the directions of the Election Commission interdicting the making of any important permanent appointment during the interregnum, the consequence of Shri K. Vijay Rama Rao demitting the office on 30th April, 1996 will be to leave the office of the Director, C.B.I. vacant till his successor is appointed by the new Government after the elections. The learned Solicitor General sought directions of the Court in such a situation in view of the directions given earlier in this case to the Director, C.B.I. to personally supervise the investigations. The learned Solicitor General also mentioned that similar directions to the C.B.I. Director have been given in another matter pending in this Court in respect of the investigations therein. 3. Having considered the above submissions in the light of the existing circumstances and the requirement of public interest to avoid any impediment or gap in the progress of the investigations being made by the C.B.I. on account of the absence of any permanent incumbent in the office of Director, C.B.I., we consider it appropriate to require Shri K. Vijay Ram Rao to continue to function in the same capacity during the interregnum till a permanent appointment to the office of the C.B.I. Director is made by the new Government formed after the elections. For this reason, we permit the Central Government to continue Shri K. Vijay Rama Rao as Director, C.B.I. till 31st July, 1996 before which date the new Government should take the decision to appoint his successor to the office of the Director, C.B.I. 4. List the matter on 10th May, 1996.