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Supreme Court of India 2021-09-08 dismissed

Common Cause (A Registered Society) vs Union of India & Ors

Bench: 2 — L. Nageswara Rao

In Brief

This case challenges the extension of the Director of Enforcement's tenure from two to three years on the grounds that it violated the Central Vigilance Commission Act, 2003. The Court held that Section 25(d) of the CVC Act prescribes a minimum (not maximum) tenure of two years, and the Central Government may appoint a Director of Enforcement for periods exceeding two years by following prescribed procedures. The General Clauses Act applies to permit modification of the original appointment order. However, extensions for officers who have attained superannuation must be granted only in rare cases for short periods with recorded reasons. The Court dismissed the petition but made clear no further extension would be granted.",

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