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Supreme Court of India 2019-02-19 dismissed

COMMON CAUSE vs UNION OF INDIA

Bench: 2 — Arun Mishra, Navin Sinha

In Brief

Common Cause, a public interest organization, challenged the interim appointment of Mr. Nageshwar Rao as CBI Director on 10 January 2019, arguing it violated the mandatory procedure under the Delhi Special Police Establishment Act, 1946. The petitioner claimed the High Powered Selection Committee had not authorized the appointment. The Court held that the Committee's resolution dated 9-10 January 2019 explicitly authorized the Central Government to appoint an interim Director, making the appointment lawful. The petition was dismissed as being based on unverified facts and filed in undue haste, without examining the Committee's authorized resolution.

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Administrative Law Constitutional Law Central Bureau of Investigation Procedure for Appointment Statutory Interpretation Right to Information Transparency in Government

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