L.NAGESWARA RAO,J. - (1.) This Writ Petition has been filed in public interest under Article 32 of the Constitution of India for quashing the order dated 13.11.2020 issued by Respondent No.1, which extended the tenure of the Respondent No.2 as Director of Enforcement in the Directorate of Enforcement and for consequential direction to Respondent No.1 to appoint the Director of Enforcement in accordance with the procedure prescribed under Section 25 of the Central Vigilance Commission Act, 2003 (for short, 'CVC Act').
(2.) On 19.11.2018, the second Respondent who was working as Principal Special Director in the Directorate of Enforcement was appointed as Director of Enforcement for a period of two years from the date of his assumption of charge of the post or until further orders, whichever is earlier. By an office order dated 13.11.2020, the President of India approved the modification of the order dated 19.11.2018, by amending the period of appointment from two years to three years. 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 CVC Act. It has been averred in the Writ Petition that Respondent No.2 attained the age of superannuation in May, 2020. The initial tenure of two years came to an end on 19.11.2020. In the meanwhile, on 13.11.2020, the tenure of the second Respondent was extended from two years to three years. As the second Respondent attained the age of superannuation in May, 2020, the second Respondent was not holding any post equivalent or above the rank of Additional Secretary to the Government of India on 13.11.2020 when his tenure was extended. Therefore, he was not eligible to be considered for extension of service as Director of Enforcement. It was further stated in the Writ Petition that the modification of the order of appointment could not have been retrospectively made. It was also alleged that when a procedure is prescribed by the Statute, it has to be strictly followed and whatever could not be done directly cannot be achieved by indirect methods.
(3.) The contentions raised in the Writ Petition were refuted by the Union of India in its counter affidavit by stating that Section 25 of the CVC Act prescribes the minimum tenure of a Director of Enforcement. The extension of tenure of the second Respondent was on the basis of a recommendation made by the Committee headed by the Chief Vigilance Commissioner on 11.11.2020 in view of administrative exigencies. The initial order of appointment of the second Respondent was for a period of two years, strictly in accordance with Section 25 of the CVC Act. For all purposes, the second Respondent is deemed to be in service till 19.11.2020. The second Respondent who was working as Director of Enforcement was holding the office and post not below to that of the post of Additional Secretary to the Government of India and it cannot be said that he was ineligible for extension of his tenure on 13.11.2020. Though there is no provision in the CVC Act for extension or reappointment of Director of Enforcement, section 21 of the General Clauses Act, 1897 enables the Government to extend the tenure of the second Respondent.;