ARUN MISHRA, J - (1.) The writ petition has been filed under Article 32 of the Constitution of India seeking issuance of a writ of mandamus to direct Union of India to appoint a regular Director of CBI forthwith by following the procedure laid down in section 4A of the Delhi Special Police Establishment Act, 1946. Prayer has also been made to quash the order dated 10.1.2019 issued by Union of India appointing Mr. Nageshwar Rao as the interim Director of CBI. A further prayer has been made to issue appropriate writ or direction to the Union of India to ensure that all records of deliberations and rational criteria of short listing and selection of the Director, CBI be properly recorded and made available to citizens inconsonance with the provisions of the RTI Act. A further prayer has been made to direct Union of India to ensure transparency in short listing, selection and appointment process of Director, CBI.
(2.) It is averred in the petition that the Government of India has failed to appoint Director of CBI as per section 4A of the Delhi Special Police Establishment Act, 1946, and has instead appointed Mr. Nageshwar Rao as the interim Director of CBI in an arbitrary and illegal manner.
(3.) It is further averred that petitioner no. 1, Common Cause is a registered society and petition has been filed in bona fide public interest. However, the average annual income of the society in the last 3 financial years is approximately Rs. 1.17 crores. Petitioner No.2 is an RTI activist and had filed applications under the Right to Information Act, 2005 seeking information about the process of appointment of the new Director of CBI in terms of the process adopted for short listing candidates, if any, minutes of meetings of the search and selection committee, none of which were provided to her in violation of the RTI Act. The average annual income of petitioner No.2 for the last three financial years is about Rs. 5 lakhs. The petitioners have no private/oblique motive. Petitioners have not made any representation to the respondent in this regard because of extreme urgency of the matter in issue except for the letter written by Common Cause on 9.1.2019 for initiating the process of appointment of regular Director, CBI.;