R.K. Agrawal, J. - (1.) By means of the present public interest litigation (PIL), the petitioner, Common Cause, a Registered Society, through its President Shri Kamal Kant Jaswal, questions the validity of the order dated 22.10.2017 issued by Secretariat of the Appointments Committee of the Cabinet, Department of Personnel and Training (DoPT) appointing Shri Rakesh Asthana - Respondent No. 2 herein as the Special Director, Central Bureau of Investigation (CBI) on the ground that the appointment has been made illegally, arbitrarily, mala fide and in violation of the principles of impeccable and institutional integrity.
(2.) We have heard learned Shri Prashant Bhushan, learned counsel for the petitioner and Mr. K.K. Venugopal, learned Attorney General appearing for the Union of India.
(3.) Shri Prashant Bhushan, learned counsel contended that this Court in Vineet Narain and Others v. Union of India and Another 1998(1) R.C.R.(Criminal) 357 : (1998) 1 SCC 226 has laid down the procedure for appointment of Director, CBI which is as under:- "58.6. Recommendations for appointment of the Director, CBI shall be made by a Committee headed by the Central Vigilance Commissioner with the Home Secretary and Secretary (Personnel) as members. The views of the incumbent Director shall be considered by the Committee for making the best choice. The Committee shall draw up a panel of IPS officers on the basis of their seniority, integrity, experience in investigation and anti-corruption work. The final selection shall be made by the Appointments Committee of the Cabinet (ACC) from the panel recommended by the Selection Committee. If none among the panel is found suitable, the reasons thereof shall be recorded and the Committee asked to draw up a fresh panel." ;