GV. SIVA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Goyal, learned counsel appearing for the writ petitioner. Also heard Mr. R. K. D. Choudhury, learned Deputy Solicitor General of India appearing for the respondents.

(2.) The petitioner herein is an Indian Police Service (IPS) Officer of the 2005 batch, his allotment being in the Assam-Meghalaya cadre. As per the case projected in the writ petition, the petitioner has served as an IPS Officer with distinction and without any blemish to his reputation. On 29/8/2019 the Government of India, Ministry of Finance, Department of Revenue had issued an Office Memorandum inviting applications for filling up two posts of Additional Director of Enforcement at Chandigarh and Kolkata on deputation basis. In response to the OM dtd. 29/8/2019 the writ petitioner had submitted his application. Subsequently, another OM dtd. 4/11/2019 was issued by the Government of India, Ministry of Finance in supersession of the earlier OM dtd. 29/8/2019 thereby, expanding the total number of posts of Additional Director of Enforcement to 5 posts. In the OM dtd. 4/11/2019 it was mentioned that applications received by the department under the earlier OM dtd. 29/8/2019 will be considered for the aforesaid vacancies.

(3.) The procedure for selection and appointment of Additional Directors in the Enforcement Directorate is laid down under Sec. 25 of the Central Vigilance Commission Act, 2003. As per the provisions of Sec. 25, a five member selection committee headed by the Central Vigilance Commissioner is to conduct the selection and make recommendations. Accordingly, a 5 member Committee headed by the Central Vigilance Commissioner, as its Chairperson, was constituted. The said Committee had considered the 17 applications which were found to be in order. Upon such consideration the names of four applicants were recommended vide Minutes of the Meeting of CVC held on 19/10/2020. The consequential notification dtd. 2/11/2020 was issued by the Under Secretary to the Government of India notifying the appointment of the four selected candidates as Additional Director of Enforcement on deputation. At that point of time, although there were seven vacancies in the post of Additional Director of Enforcement, it appears that only four vacancies have been filled up.