SC declines to interfere in Rao’s appointment as CBI interim director

New Delhi: The Supreme Court on Tuesday declined to interfere in the earlier appointment of M. Nageswara Rao as the Central Bureau of Investigation’s (CBI) interim director since a new director of the probe agency has already been appointed.

The Division Bench, comprising Justice Arun Mishra and Justice Navin Sinha, also declined to issue any direction, as sought by the petitioner, NGO Common Cause, making the appointment transparent.

Holding that the appointment of Rao was authorised by the selection committee, the court said, “It is clear from the resolution passed by the committee on 9/10th January 2019 that the appointment of interim director had been authorised by the committee under section 4A. Thus, it cannot be said to be unauthorised and illegal in any manner whatsoever.”

“The submission raised that the selection committee had not authorised the appointment of interim director is fallacious on the face of the record and is misconceived in view of the said resolution,” the judgement said.

Rao was twice appointed the CBI interim director after former director Alok Verma was removed from the post on January 10.

“We find that since the regular director has been appointed, the main prayer of the petitioner stands satisfied and there is absolutely no justification to continue with this writ petition in the aforesaid circumstances,” said Justice Mishra pronouncing the judgement.

Dismissing the plea, the court said, “In case the due process has not been followed in the appointment, it is always open to any incumbent, if so advised, to question the appointment in accordance with law but not in the routine manner and undue haste as shown in the petition.”