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Supreme Court of India 2019-01-08 allowed

Alok Kumar Verma vs Union of India & Anr

Bench: 3 — Ranjan Gogoi

In Brief

The Supreme Court quashed orders dated 23 October 2018 whereby the CVC and Central Government divested the Director, CBI (Alok Kumar Verma) of his powers, functions, and duties. The Court held that any action affecting the Director's continuance and functioning requires prior consent of the high-powered Committee under Section 4A(1) of the DSPE Act, 1946. Interpreting 'transfer' in Section 4B(2) broadly to include divestment of powers, the Court emphasised that the statutory scheme aims to insulate the CBI Director from extraneous influences to preserve institutional integrity and rule of law. The matter was remitted to the Committee for reconsideration within one week. The Director was reinstated but directed to avoid major policy decisions pending the Committee's decision."

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