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Supreme Court of India 2019-01-08 partly_allowed

ALOK KUMAR VERMA vs UNION OF INDIA

Bench: 3 — Ranjan Gogoi, Sanjay Kishan Kaul, K.M. Joseph

In Brief

The Supreme Court set aside orders dated 23 October 2018 by the Central Vigilance Commission and Government of India divesting the Director, CBI (Alok Kumar Verma) of his powers and functions pending inquiry into corruption allegations. The Court held that any action affecting the Director's continuance and functioning requires prior consent of the selection committee constituted under the DSPE Act, 1946. Interpreting 'transfer' in Section 4B(2) broadly to include divestment of powers, the Court emphasized that Parliament intended complete insulation of the CBI Director from external interference to preserve institutional independence and the rule of law. The Court directed the committee to consider the matter within a week, with the Director to perform only routine functions pending the committee's decision.

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Constitutional Law Administrative Law Institutional Independence Separation of Powers Anti-Corruption Public Office Statutory Interpretation Civil Procedure

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