SC upholds extension of Director, ED, bars further continuation

The Supreme Court on Wednesday upheld the decision of the Centre to extend the tenure of the director of enforcement Sanjay Kumar Mishra till November 2021, making it clear that he will not be entitled to any further extension. The apex court, by its order, upheld the Central government's decision to retrospectively extend the tenure of Mishra as the ED director. A bench headed by Justice L Nageswara Rao, however, observed that the extension of tenure of officers, who have attained the age of superannuation, should only be done in rare and exceptional cases.

NGO Common Cause had moved the apex court challenging the retrospective change in the 2018 appointment order of Mishra as ED director. Mishra, an Indian Revenue Service officer, was given the charge of the director of the Enforcement Directorate for a period of two years on November 19, 2018. Further, an order issued by the Central government on November 13, 2020, had modified the appointment retrospectively and the tenure was increased to three years from the initial two years

The government had cited crucial cases investigated under him and his spectacular performance as a director to continue with his appointment. The petition argued by advocate Prashant Bhushan argued that this arbitrariness would play havoc with the system allowing government a free hand to keep officers of their choice beyond retirement for unreasonable period.