ALOK KUMAR VERMAversusUNION OF INDIA & ANR.

100                      [2019]REPORTS
               SUPREME COURT    1 S.C.R. 100                [2019] 1 S.C.R.


A                          ALOK KUMAR VERMA
                                        v.
                          UNION OF INDIA & ANR.
                     (Writ Petition (Civil) No. 1309 of 2018)
B                              JANUARY 08, 2019
          [RANJAN GOGOI, CJI, SANJAY KISHAN KAUL AND
                              K. M. JOSEPH, JJ.]
            Central Vigilance Commission Act, 2003 – ss.8(1)(a), (d)
      and 11 – Competence of the CVC and the Government of India to
C     divest the Director, CBI of all his powers, functions, duties,
      supervisory role etc. without obtaining the prior consent of the
      Committee constituted under s.4A(1) of DSPE Act to make
      recommendations for appointment of the Director, CBI – Held: The
      long history of evolution has shown that the Institution of the CBI
D     has been perceived to be necessarily kept away from all kinds of
      extraneous influences so that it can perform its role as the premier
      investigating and prosecuting agency without any fear and favour
      and in the best public interest – The head of the Institution, namely,
      the Director, naturally, therefore, has to be the role model of
      independence and integrity which can only be ensured by freedom
E     from all kinds of control and interference except to the extent that
      Parliament may have intended – Such intendment would require all
      Authorities to keep away from intermingling or interfering in the
      functioning of the Director – In a situation where such interference
      may at all be called for, public interest must be writ large against
F     the backdrop of the necessity – The relevance and adequacy of the
      reasons giving rise to such a compelling necessity can only be tested
      by the opinion of the Committee constituted under s.4A(1) of the
      DSPE Act in whom the power to make recommendations for
      appointment of the Director has been vested by Parliament – This
      alone can provide an adequate safeguard to ensure the
G     independence of the office keeping in view the legislative intent –
      Delhi Special Police Establishment Act, 1946 – ss.4(1), 4A, 4B –
      Lokpal and Lokayuktas Act, 2013.
            CBI – Brief history of CBI – Origin of CBI – Police force in
      the country was initially governed by the Police Act, 1861 – DSPE
H     Act was enacted in 1946 to carve out an exception to the Police
                                      100
          ALOK KUMAR VERMA v. UNION OF INDIA                             101


Act, 1861 – It is the DSPE brought into existence by DSPE Act,           A
1946 which today is known as the CBI.
       CBI – Role of CBI – Investigation of anti-corruption cases;
economic offences and ordinary crimes of special importance have
come to be vested in the CBI which exercises its jurisdiction in the
territory of all States and Union Territory with consent of State        B
Governments.
       Delhi Special Police Establishment Act, 1946 – s.4A and
s.4B – Legislative intent of – Held: The clear legislative intent in
bringing s.4A and s.4B to the statute book is for the purpose of
ensuring complete insulation of the office of the Director, CBI from     C
all kinds of extraneous influences, as may be, as well as for
upholding the integrity and independence of the institution of the
CBI as a whole – If the legislative intent would have been to confer
in any authority of the State a power to take interim measures against
the Director, CBI thereby affecting his functioning, surely, the
legislation would have contained enabling provisions to that effect      D
and consequently would have been differently worded and drafted –
Central Vigilance Commission Act, 2003.
      Disposing of the Writ petitions and IAs, the Court
       HELD: 1. There is no manner of doubt that the enactment           E
of the CVC Act, 2003 and the amendments made by the said
enactment, inter alia, in the DSPE Act (by Section 26 of the CVC
Act, 2003) are a sequel to the operative directions of this Court
in paragraph 58 of Vineet Narain. The mode and manner of
appointment of Central Vigilance Commissioner and Vigilance
Commissioners as well as that of the Director, CBI as spelt out          F
by this Court in Vineet Narain has been scrupulously followed by
Parliament. Parliament has also on its own in amending Section
4A of the DSPE Act by the Lokpal and Lokayuktas Act, 2013
(Act No. 1 of 2014) has gone a step further to give effect to the
directions of this Court made in Vineet Narain inasmuch as the           G
object for change of the Committee for making recommendations
for appointment of the Director, CBI has been stated to be the
necessity “to provide a High Power Selection Committee for
selection of Director of the Delhi Special Police Establishment”.
[Para 32][123-F-H; 124-A-B]
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102            SUPREME COURT REPORTS                       [2019] 1 S.C.R.


A           Vineet Narain and others v. Union of India and another
            (1998) 1 SCC 226 : [1997] 6 Suppl. SCR 595 – relied
            on.
             2. The clear legislative intent in bringing Section 4A and
      Section 4B of the DSPE Act to the statute book are for the purpose
B     of ensuring complete insulation of the office of the Director, CBI
      from all kinds of extraneous influences, as may be, as well as for
      upholding the integrity and independence of the institution of
      the CBI as a whole. If the legislative intent would have been to
      confer in any authority of the State a power to take interim
      measures against the Director, CBI thereby affecting his
C     functioning, surely, the legislation would have contained enabling
      provisions to that effect and consequently would have been
      differently worded and drafted. It is against this backdrop that
      the words “transferred except with the previous consent of the
      Committee” mentioned in Section 4B(2) of the DSPE Act has to
D     be understood. If the word “transferred” has to be understood
      in its ordinary parlance and limited to a change from one post to
      another, as the word would normally convey and on that basis the
      requirement of “previous consent of the Committee” is
      understood to be only in such cases, i.e. purely of transfer, such
      an interpretation would be self-defeating and would clearly negate
E     the legislative intent. In such an event it will be free for the State
      Authority to effectively disengage the Director, CBI from
      functioning by adopting various modes, known and unknown,
      which may not amount to transfer but would still have the same
      effect as a transfer from one post to another, namely, cessation of
F     exercise of powers and functions of the earlier post. This is clearly
      not what the legislature could have intended. The long history of
      evolution has shown that the institution of the CBI has been
      perceived to be necessarily kept away from all kinds of
      extraneous influences so that it can perform its role as the premier
      investigating and prosecuting agency without any fear and favour
G     and in the best public interest. The head of the institution, namely,
      the Director, naturally, therefore, has to be the role model of
      independence and integrity which can only be ensured by freedom
      from all kinds of control and interference except to the extent
      that Parliament may have intended. Such intendment would
H     require all Authorities to keep away from intermingling or
          ALOK KUMAR VERMA v. UNION OF INDIA                              103


interfering in the functioning of the Director. In a situation where      A
such interference may at all be called for, public interest must be
writ large against the backdrop of the necessity. The relevance
and adequacy of the reasons giving rise to such a compelling
necessity can only be tested by the opinion of the Committee
constituted under Section 4A(1) of the DSPE Act in whom the
                                                                          B
power to make recommendations for appointment of the Director
has been vested by Parliament. This alone can provide an
adequate safeguard to ensure the independence of the office
keeping in view the legislative intent. The status of the
Committee having undergone an upward movement by the
amendment brought in by the Lokpal and Lokayuktas Act, 2013               C
(Act No.1 of 2014) it cannot but be said that the legislative intent
in shielding and insulating the office of the Director from any
kind of extraneous influence has been foremost in the mind of
Parliament which intent found manifestation in the changes in
law brought about. [Paras 34, 36][125-C-D; 126-B-H; 127-A-B]
                                                                          D
       3. Orders dated 23rd October, 2018 of the CVC divesting
the powers, functions, duties, supervisory role, etc. of ‘AKS’ as
Director, CBI; of the Government of India divesting ‘AKS’,
Director, CBI of his functions, powers, duties and supervisory
role with immediate effect and until further orders; of the
Government of India by which one MNR, IPS, Joint Director,                E
CBI has been asked to look after the duties and functions of
Director, CBI with immediate effect is set aside. The matter will
now be considered by the Committee under Section 4A(1) of the
DSPE Act, 1946 which may be so done at the earliest. A meeting
of the Committee may be accordingly convened by the competent             F
authority. As the issue of divestment of power and authority of
the Director, CBI is still open for consideration by the Committee,
it is deemed proper to direct that the petitioner, Director, CBI,
upon reinstatement, will cease and desist from taking any major
policy decisions till the decision of the Committee permitting
such actions and decisions becomes available within the time              G
frame indicated. The role of the Petitioner as the Director, CBI
during the interregnum and in terms of this order will be confined
only to the exercise of the ongoing routine functions without any
fresh initiative, having no major policy or institutional implications.
[Paras 39-41][127-G-H; 128-A-F]                                           H
104            SUPREME COURT REPORTS                          [2019] 1 S.C.R.


A           Shankarsan Dash v. Union of India (1991) 3 SCC 47 :
            [1991] 2 SCR 567; Jai Singh Dalal and others v. State
            of Haryana & another (1993) Supp. 2 SCC 600 : [1992]
            3 Suppl. SCR 816; Prakash Singh and Others v. Union
            of India and Others (2006) 8 SCC 1 : [2006] 6 Suppl.
            SCR 473 – referred to.
B
                             Case Law Reference
            [1997] 6 Suppl. SCR 595        relied on      Para 16
            [1991] 2 SCR 567               referred to    Para 27
            [1992] 3 Suppl. SCR 816        referred to    Para 27
C           [2006] 6 Suppl. SCR 473        referred to    Para 35
            CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
      1309 of 2018.
             Under Article 32 of the Constitution of India.
                                       WITH
D
             Writ Petition (C) No. 1315 of 2018.
             K. K. Venugopal, AG, Tushar Mehta, SG, P. S. Narasimha, ASG,
      Fali S. Nariman, Sanjay R. Hegde, Mukul Rohatgi, A. Sharan, Kapil
      Sibal, Dr. Rajeev Dhavan, Ms. Indira Jaising, Sr. Advs.,
      Subhash C. Sharma, Vishwajit Singh, Pankaj Singh, Ms. Ridhima Singh,
E     Prashant Bhushan R. Balasubramanian, Ms. Shraddha Deshmukh,
      Ms. L. Charanya, B. K. Prasad, Ms. Tatini Basu, Rajat Nair, Kanu
      Agrawal, Manan Popli, Ranvijay Singh, Sachin Sharma, V. C. Shukla,
      Rahul Tanwani, Arvind Kumar Sharma, Amit Anand Tiwari, Ms. Shakun
      Sharma, Ms. Mary Mitzy, Ms. Harshal Gupta, Shashwat Singh, Devadatt
F     Kamat, Nizam Pasha, Varun Chopra, Rajesh Inamdar, Javedur Rahman,
      Aditya Bhat, Ms. Aisha Singh, Ashwin G. Raj, Gautam Talukdar, Sunil
      Fernandes, Ms. Nupur Kumar, Ms. Priyansha Indra Sharma, Darpan
      Sachdeva, Paras Nath Singh, Advs. for the appearing parties.
             The Judgment of the Court was delivered by
G            RANJAN GOGOI, CJI 1. That the Rule of law is the bedrock
      of democracy would hardly require any reiteration. However firmly
      entrenched the principle may be, it gets tested in a myriad of situations
      that confronts the courts from time to time. The present is one such
      occasion.

H
          ALOK KUMAR VERMA v. UNION OF INDIA                                 105
                 [RANJAN GOGOI, CJI]

       2. On 23rd October, 2018, the Central Vigilance Commission            A
(hereinafter referred to as “CVC”) passed an order divesting Shri Alok
Kumar Verma, Director, Central Bureau of Investigation (hereinafter
referred to as “CBI”) of the powers, functions, duties, supervisory role,
etc. vested in him as the Director of the CBI. The exercise of said
power by the aforesaid order dated 23rd October, 2018, signed by the
                                                                             B
Central Vigilance Commissioner and two other Vigilance Commissioners
holding office, is stated to be under Section 8(1)(a) and 8(1)(b) of the
Central Vigilance Commission Act, 2003 (hereinafter referred to as “the
CVC Act”) read with Section 4(1) of the Delhi Special Police
Establishment Act, 1946 (hereinafter referred to as “DSPE Act”). The
divestment of Shri Alok Kumar Verma, Director, CBI of his functions,         C
powers, duties and supervisory role, specifically, is in respect of all
cases already registered and/or required to be registered and/or being
inquired/enquired/investigated under the Prevention of Corruption Act,
1988 (hereinafter referred to as “PC Act”).
      3. The aforesaid order is stated to be in the nature of an interim     D
measure till completion of an inquiry into the allegations contained in a
complaint dated 24th August, 2018 submitted/forwarded by the Cabinet
Secretary by letter dated 31st August, 2018 to the CVC.
       4. The said order dated 23rd October, 2018 of the CVC was
followed by an order of the Government of India, Ministry of Personnel,      E
Public Grievances and Pensions, Department of Personnel & Training
of the same date i.e. 23rd October, 2018 divesting Shri Alok Kumar Verma,
Director, CBI of his functions, powers, duties and supervisory role in
any manner as the Director, CBI with immediate effect and until further
orders.
                                                                             F
       5. There is yet another order of the same date i.e. 23rd October,
2018 of the Government of India, Ministry of Personnel, Public
Grievances and Pensions, Department of Personnel & Training by which
one Shri M. Nageshwar Rao, IPS, Joint Director, CBI has been asked
to look after the duties and functions of Director, CBI with immediate
effect.                                                                      G
      6. The legality and validity of the aforesaid three orders is the
subject matter of challenge in Writ Petition (Civil) No.1309 of 2018 filed
by Shri Alok Kumar Verma as well as in Writ Petition (Civil) No.1315 of
2018 filed by Common Cause which claims to be a registered society
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106             SUPREME COURT REPORTS                           [2019] 1 S.C.R.


A     established/founded in the year 1980 by one late Shri H.D. Shourie for
      the purposes of “ventilating the common problems of the people and
      securing their resolution”.
             7. In addition to interference with the aforesaid three orders, in
      the writ petition filed by Common Cause, further prayers have been
B     made, inter alia, seeking removal of one Mr. Rakesh Asthana, Special
      Director, CBI (respondent no.4 in Writ Petition (Civil) No.1315 of 2018)
      from the CBI and for constituting a Special Investigating Team (“SIT”
      for short) to go into the charges of corruption against the officials of the
      CBI and also the FIR lodged against Mr. Rakesh Asthana, Special
      Director, CBI, details of which are mentioned in the writ petition filed by
C     Common Cause.
             8. The order of the CVC dated 23rd October, 2018 is fairly long
      and elaborate. What is essentially stated therein is that a complaint
      dated 24th August, 2018 was forwarded to the CVC by the Cabinet
      Secretary by letter dated 31st August, 2018 which, prima facie, revealed
D     charges of corruption against the Director, CBI, Shri Alok Kumar Verma.
      The CVC considered it worthwhile to take note of the contents thereof
      and had sought the explanation/comments of the Director, CBI along
      with the relevant record(s). According to the CVC, instead of cooperating
      in the matter, the Director, CBI had sought information as to the identity
E     of the person who had complained to the Cabinet Secretary in that regard
      and had gone to the extent of bringing specific allegations against the
      Special Director, CBI Shri Rakesh Asthana. Details of several cases of
      corruption wherein the Special Director, CBI was alleged to be involved
      were also brought to the notice of the CVC by Shri Alok Kumar Verma.
             9. In the order of the CVC dated 23rd October, 2018 it is further
F     recorded that Shri Rakesh Asthana, Special Director, CBI had also made
      serious allegations against Shri Alok Kumar Verma, Director, CBI and
      that, in fact, on 15th October, 2018, the CBI had registered RC 13A of
      2018 of AC III, New Delhi under Section 7 and 13(2) read with 13(1)(d)
      and Section 7A of the PC Act as amended in 2018 against Shri Asthana.
G     The said RC case was stated to have been registered on the complaint
      of one Satish Babu Sana who is an accused in a case investigated by
      Special Director, CBI. At the same time, the CVC also took note of the
      fact that Mr. Rakesh Asthana, Special Director, CBI had recorded
      information received from various sources that huge amounts of bribe
      were given to the Director, CBI to avoid taking any action against Satish
H     Babu Sana.
           ALOK KUMAR VERMA v. UNION OF INDIA                                    107
                  [RANJAN GOGOI, CJI]

       10. It is in these circumstances, which may be in the least be            A
termed as unfortunate, that the CVC had thought it proper to invoke its
powers under Sections 8(1)(a), 8(1)(d) and 11 of the CVC Act to pass
the impugned order dated 23rd October, 2018 divesting the Director, CBI
of his powers, functions, duties, etc., details of which have already been
noted.
                                                                                 B
       11. The two further orders of the Government of India, Ministry
of Personnel, Public Grievances and Pensions, Department of Personnel
& Training of the same date i.e. 23rd October, 2018 were consequential
to the order passed by the CVC, as stated above.
       12. As already seen, it is the legality, validity and correctness of      C
the aforesaid orders and the action spelt out therein that has been
challenged before us in the two writ petitions as well as in the Interlocutory
Applications filed by various applicants, details of which will be noted in
due course.
       13. It is at the very threshold of the present discourse that a brief     D
history of the organization called the CBI may be recalled.
      The police force in the country was initially governed by the Police
Act, 1861. Section 3 of the said Act had made the following provision :
       “3. Superintendence in the State Government.-
                                                                                 E
       The superintendence of the police throughout a general police-
       district shall vest in and shall be exercised by the State Government
       to which such district is subordinate; and except as authorized
       under the provisions of this Act, no person, officer, or Court shall
       be empowered by the State Government to supersede, or control
       any police functionary.”                                                  F
      14. The DSPE Act was enacted in the year 1946 to carve out an
exception to the Police Act, 1861. The same is evident from Section
2(1) which is in the following terms:
       “2. Constitution and powers of police establishment.
                                                                                 G
       (1) Notwithstanding anything in the Police Act, 1861 (5 of 1861)
       the Central Government may constitute a special police force to
       be called the Delhi Special Police Establishment for the
       investigation in any Union Territory of offences notified under
       Section 3.
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108               SUPREME COURT REPORTS                           [2019] 1 S.C.R.


A           15. Initially the administration of the Delhi Special Police
      Establishment was governed by the provisions of Section 4 of the DSPE
      Act which contemplated the following:
               “4. Superintendence and administration of SPE-

B              (1) The superintendence of the Delhi Special Police Establishment
               shall vest in the Central Government.
               (2) The administration of the said police establishment shall vest
               in an officer appointed in this behalf by the Central Government
               who shall exercise in respect of that police establishment such of
C              the powers exercisable by an Inspector General of Police in respect
               of the police force in a State, as the Central Government may
               specify in this behalf.”
             16. It is the Delhi Special Police Establishment brought into
      existence by DSPE Act, 1946 which today is known as the CBI. The
D     origin of the organization has been succinctly traced by this Court in
      Vineet Narain and others vs. Union of India and another1 and the
      relevant details are available in paragraphs 30 and 31 of the report of
      this Court in Vineet Narain (supra). Shortly put and as already observed,
      investigation of anti-corruption cases; economic offences and ordinary
      crimes of special importance have come to be vested in the CBI which
E
      exercises its jurisdiction in the territory of all States and Union Territories
      (with consent of the State Governments).
             17. The organization i.e. CBI has grown over the years in its role,
      power and importance and today has become the premier investigative
F     and prosecution agency of the country. The high stature and the pre-
      eminent position that the institution has acquired is largely on account of
      a strong perception of the necessity of having such a premier agency.
      Such a perception finds reflection in the conscious attempts of the
      Government of the day to introduce reforms, from time to time, so as to
      enable the institution to reach greater heights in terms of integrity,
G     independence and confidence. A close look at such attempts will now
      be in order.



      1
          (1998) 1 SCC 226
H
          ALOK KUMAR VERMA v. UNION OF INDIA                                109
                 [RANJAN GOGOI, CJI]

       18. In Vineet Narain (supra) such developments have already          A
been taken note of in detail. The recommendations of the Committee
headed by Shri N.N. Vohra constituted by Government Order No. S/
7937/SS(ISP)/93 dated 9th July, 1993 and those of the Independent Review
Committee (IRC) constituted by Government Order No. 226/2/97-AVD-
II dated 8th September, 1997 has had a major role to play in giving the
                                                                            B
CBI and the CVC their present shape and form and the pivotal role and
position that these two bodies have come to occupy in the system of law
enforcement in the country. Incidentally, the CVC had been in existence
as an administrative body on being established by Resolution No.24/7/
64-AVD dated 11th February, 1964 issued by the Central Government
until conferment of statutory status by the CVC Act, 2003 on the basis      C
of recommendations of the IRC, summary of which with regard to the
CBI and CVC may now be taken note of.
      “SUMMARY OF RECOMMENDATIONS
      I. CBI and CVC
                                                                            D
      1. CVC to be conferred statutory status; appointment of Central
      Vigilance Commissioner to be made under the hand and seal of
      the President (para 4.2)
      2. Constitution of a Committee for selection of CVC (para 4.3)
      3. CVC to overview CBI’s functioning (para 5)                         E
      4. CBI’s reporting to Government to be streamlined without
      diluting its functional autonomy (para 3.3)
      5. CVC to have a separate section in its Annual Report on the
      CBI’s functioning after the supervisory function is transferred to
                                                                            F
      it (para 6)
      6. Constitution of a Selection Committee for identifying a panel of
      names for selection of Director CBI; final selection to be made
      by ACC from such panel (para 8.2)
      7. Central Government to pursue with the State Governments to         G
      set up credible mechanism for selection of Police Chief (para
      8.3)
      8. Director CBI to have a minimum tenure of 2 years (para 8.4)
      9. Transfer of incumbent Director CBI would need endorsement
      of the Selection Committee (para 8.5)                                 H
110      SUPREME COURT REPORTS                          [2019] 1 S.C.R.


A     10. Director CBI to ensure full freedom for allocation of work
      within the Agency, including constitution of investigation teams
      (para 8.6)
      11. Selection/extension of tenure of officers up to the level of
      Joint Director (JD) to be decided by a Board under Central
B     Vigilance Commissioner; JD and above would need the approval
      of ACC (para 8.7)
      12. Change in the existing Tenure Rules not recommended (para
      8.8)
      13. Proposals for improvement of infrastructure, methods of
C     investigation, etc., to be decided urgently (para 8.9.2)
      14. No need for creation of a permanent core group in the CBI
      (para 8.9.3)
      15. Severe disciplinary action against officers who deviate from
D     prescribed investigation procedures (para 9.1)
      16. Director CBI to be responsible for ensuring time-limits for
      filing charge-sheets in courts (para 9.2)
      17. Document on CBI’s functioning to be published within three
      months (para 9.4)
E     18. Essential to protect officers at the decision-making levels from
      vexatious enquiries/prosecutions (para 10.6)
      19. Secretaries to adhere strictly to prescribed time-frames for
      grant of permission for registration of PE/RC. CBI to be free to
      proceed if decision not conveyed within the specified time (para
F     10.9)
      20. Secretary of Administrative Ministry to convey a decision
      regarding registration of PE/RC within 2 months of receipt of
      request. If not satisfied with decision, Director CBI free to make
      fresh reference to the Committee headed by Cabinet Secretary
G     within a period of four weeks and the latter to decide thereon
      within a period of four weeks (para 10.10)
      21. Protection under the Single Directive not to cover offences
      like bribery, when prima facie established in a successful trap
      (para 10.12)
H
          ALOK KUMAR VERMA v. UNION OF INDIA                                  111
                 [RANJAN GOGOI, CJI]

      22. Cases of disproportionate assets of Central Government and          A
      All India Services Officers to be brought within the ambit of the
      Single Directive (para 10.13)
      23. Time-limit of 3 months for sanction for prosecution. Where
      consultation is required with the Attorney General or the Solicitor
      General, additional time of one month could be allowed (paras           B
      10.14 and 10.15)
      24. Government to undertake a review of the various types of
      offences notified for investigation by the CBI to retain focus on
      anti-corruption activities which is its primary objective (para 11.1)
      25. Cases falling within the jurisdiction of the State Police which     C
      do not have inter-State or international ramifications should not
      be handed over to CBI by States/courts (para 11.2)
      26. Government to establish Special Courts for the trial of CBI
      cases (11.3)
                                                                              D
      27. Severe action against officials found guilty of high-handedness;
      prompt action against those officials chastised by the courts (para
      11.4)
      28. Director CBI to conduct regular appraisal of personnel to
      weed out the corrupt and inefficient, and maintain strict discipline
                                                                              E
      within the organization (para 11.5)”
      19. In paragraph 58 of the report of this Court in Vineet Narain
(supra) directions under Article 142 of the Constitution of India which
were to hold the field till such time that the necessary statutory
enactments are brought into force, came to be issued by this Court.
                                                                              F
Paragraph 58 of the report of this Court in Vineet Narain (supra) insofar
as CVC and CBI are concerned is in the following terms:
      “58. As a result of the aforesaid discussion, we hereby direct as
      under:
      I. CENTRAL BUREAU OF INVESTIGATION (CBI) AND                            G
      CENTRAL VIGILANCE COMMISSION (CVC)
      1. The Central Vigilance Commission (CVC) shall be given
      statutory status.

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112      SUPREME COURT REPORTS                            [2019] 1 S.C.R.


A     2. Selection for the post of Central Vigilance Commissioner shall
      be made by a Committee comprising the Prime Minister, Home
      Minister and the Leader of the Opposition from a panel of
      outstanding civil servants and others with impeccable integrity, to
      be furnished by the Cabinet Secretary. The appointment shall be
      made by the President on the basis of the recommendations made
B
      by the Committee. This shall be done immediately.
      3. The CVC shall be responsible for the efficient functioning of
      the CBI. While Government shall remain answerable for the CBI’s
      functioning, to introduce visible objectivity in the mechanism to be
      established for overviewing the CBI’s working, the CVC shall be
C     entrusted with the responsibility of superintendence over the CBI’s
      functioning. The CBI shall report to the CVC about cases taken
      up by it for investigation; progress of investigations; cases in which
      charge-sheets are filed and their progress. The CVC shall review
      the progress of all cases moved by the CBI for sanction of
D     prosecution of public servants which are pending with the
      competent authorities, specially those in which sanction has been
      delayed or refused.
      4. The Central Government shall take all measures necessary to
      ensure that the CBI functions effectively and efficiently and is
E     viewed as a non-partisan agency.
      5. The CVC shall have a separate section in its Annual Report on
      the CBI’s functioning after the supervisory function is transferred
      to it.
      6. Recommendations for appointment of the Director, CBI shall
F     be made by a Committee headed by the Central Vigilance
      Commissioner with the Home Secretary and Secretary
      (Personnel) as members. The views of the incumbent Director
      shall be considered by the Committee for making the best choice.
      The Committee shall draw up a panel of IPS officers on the basis
G     of their seniority, integrity, experience in investigation and anti-
      corruption work. The final selection shall be made by the
      Appointments Committee of the Cabinet (ACC) from the panel
      recommended by the Selection Committee. If none among the
      panel is found suitable, the reasons thereof shall be recorded and
      the Committee asked to draw up a fresh panel.
H
    ALOK KUMAR VERMA v. UNION OF INDIA                                       113
           [RANJAN GOGOI, CJI]

7. The Director, CBI shall have a minimum tenure of two years,               A
regardless of the date of his superannuation. This would ensure
that an officer suitable in all respects is not ignored merely because
he has less than two years to superannuate from the date of his
appointment.
8. The transfer of an incumbent Director, CBI in an extraordinary            B
situation, including the need for him to take up a more important
assignment, should have the approval of the Selection Committee.
9. The Director, CBI shall have full freedom for allocation of
work within the agency as also for constituting teams for
investigations. Any change made by the Director, CBI in the Head             C
of an investigative team should be for cogent reasons and for
improvement in investigation, the reasons being recorded.
10. Selection/extension of tenure of officers up to the level of
Joint Director (JD) shall be decided by a Board comprising the
Central Vigilance Commissioner, Home Secretary and Secretary                 D
(Personnel) with the Director, CBI providing the necessary inputs.
The extension of tenure or premature repatriation of officers up
to the level of Joint Director shall be with final approval of this
Board. Only cases pertaining to the appointment or extension of
tenure of officers of the rank of Joint Director or above shall be           E
referred to the Appointments Committee of the Cabinet (ACC)
for decision.
11. Proposals for improvement of infrastructure, methods of
investigation, etc. should be decided urgently. In order to strengthen
CBI’s in-house expertise, professionals from the Revenue, Banking            F
and Security sectors should be inducted into the CBI.
12. The CBI Manual based on statutory provisions of the CrPC
provides essential guidelines for the CBI’s functioning. It is
imperative that the CBI adheres scrupulously to the provisions in
the Manual in relation to its investigative functions, like raids, seizure   G
and arrests. Any deviation from the established procedure should
be viewed seriously and severe disciplinary action taken against
the officials concerned.

                                                                             H
114            SUPREME COURT REPORTS                          [2019] 1 S.C.R.


A           13. The Director, CBI shall be responsible for ensuring the filing
            of charge-sheets in courts within the stipulated time-limits, and
            the matter should be kept under constant review by the Director,
            CBI.
            14. A document on CBI’s functioning should be published within
B           three months to provide the general public with a feedback on
            investigations and information for redress of genuine grievances
            in a manner which does not compromise with the operational
            requirements of the CBI.
            15. Time-limit of three months for grant of sanction for prosecution
C           must be strictly adhered to. However, additional time of one month
            may be allowed where consultation is required with the Attorney
            General (AG) or any other law officer in the AG’s office.
            16. The Director, CBI should conduct regular appraisal of
            personnel to prevent corruption and/or inefficiency in the agency.”
D            20. What followed thereafter is the enactment of the CVC Act,
      2003. The salient features of the CVC Act, so far as the present exercise
      is concerned, are to be found in Section 4 of the CVC Act which mandates
      that the appointment of the Central Vigilance Commissioner and the
      Vigilance Commissioners shall be made by the President on the
E     recommendation of a Committee consisting of : (a) the Prime Minister;
      (b) the Minister of Home Affairs and (c)the Leader of the Opposition in
      the House of the People.
             Section 6 of the CVC Act contemplates the removal of Central
      Vigilance Commissioner and a Vigilance Commissioner only by order of
F     the President on the ground of proved misbehaviour or incapacity as
      may be found by the Supreme Court of India on a reference being made
      by the President to the Court. However, under sub-section (2) of Section
      6 of the CVC Act there is a power in the President of suspension from
      office pending inquiry on the reference made to the Supreme Court.
      Sub-section (3) of Section 6 of the CVC Act also empowers the President
G     to remove from office the Central Vigilance Commissioner or any
      Vigilance Commissioner in the following cases:
            “(a). is adjudged an insolvent; or
            (b). has been convicted of an offence which, in the opinion of the
               Central Government, involves moral turpitude; or
H
          ALOK KUMAR VERMA v. UNION OF INDIA                                     115
                 [RANJAN GOGOI, CJI]

      (c). engages during his term of office in any paid employment              A
          outside the duties of his office; or
      (d). is, in the opinion of the President, unfit to continue in office by
         reason of infirmity of mind or body; or
      (e). has acquired such financial or other interest as is likely to
          affect prejudicially his functions as a Central Vigilance              B
          Commissioner or a Vigilance Commissioner.”
       21. Though the Director, CBI is to be appointed by the Central
Government on the recommendation of a similar High Power Committee,
no provision with regard to interim suspension or removal is to be found
in the DSPE Act, 1946, notwithstanding the fact that the said Act i.e.           C
DSPE Act was amended by the CVC Act, 2003. The CVC Act, 2003
and the amendments made in the DSPE Act, 1946 were clearly made to
bring the provisions thereof in proximity to the directions issued by this
Court in Vineet Narain (supra) so far as the CVC and the CBI is
concerned.                                                                       D
       22. Section 8 of the CVC Act deals with functions and powers of
the CVC whereas Section 11 deals with the power of the CVC with
regard to inquiries. Both the powers vested by the aforesaid two
provisions of the CVC Act i.e. Section 8 and Section 11 having been
invoked in the present case to support and justify the impugned actions it       E
will be necessary to extract and notice the said provisions in extenso:
      “8. Functions and powers of Central Vigilance Commission.-
      (1). The functions and powers of the Commission shall be to-
      (a) exercise superintendence over the functioning of the Delhi
                                                                                 F
      Special Police Establishment in so far as it relates to the
      investigation of offences alleged to have been committed under
      the Prevention of Corruption Act, 1988 (49 of 1988), or an offence
      with which a public servant specified in sub-section (2) may, under
      the Code of Criminal Procedure, 1973 (2 of 1974), be charged at
      the same trial;                                                            G
      (b). give directions to the Delhi Special Police Establishment for
      the purpose of discharging the responsibility entrusted to it under
      sub-section (1) of section 4 of the Delhi Special Police
      Establishment Act, 1946 (25 of 1946):
                                                                                 H
116      SUPREME COURT REPORTS                          [2019] 1 S.C.R.


A     Provided that while exercising the powers of superintendence under
      clause (a) or giving directions under this clause, the Commission
      shall not exercise powers in such a manner so as to require the
      Delhi Special Police Establishment to investigate or dispose of
      any case in a particular manner;
B     (c). inquire or cause an inquiry or investigation to be made on a
      reference made by the Central Government wherein it is alleged
      that a public servant being an employee of the Central Government
      or a corporation established by or under any Central Act,
      Government company, society and any local authority owned or
      controlled by that Government, has committed an offence under
C     the Prevention of Corruption Act, 1988 (49 of 1988) or an offence
      with which a public servant may, under the Code of Criminal
      Procedure, 1973 (2 of 1974), be charged at the same trial;
      (d). inquire or cause an inquiry or investigation to be made into
      any complaint against any official belonging to such category of
D     officials specified in sub-section (2) wherein it is alleged that he
      has committed an offence under the Prevention of Corruption
      Act, 1988 (49 of 1988) and an offence with which a public servant
      specified in subsection (2) may, under the Code of Criminal
      Procedure, 1973 (2 of 1974), be charged at the same trial;
E     (e). review the progress of investigations conducted by the Delhi
      Special Police Establishment into offences alleged to have been
      committed under the Prevention of Corruption Act, 1988 (49 of
      1988) or the public servant may, under the Code of Criminal
      Procedure, 1973 (2 of 1974), be charged at the same trial;
F     (f). review the progress of applications pending with the competent
      authorities for sanction of prosecution under the Prevention of
      Corruption Act, 1988 (49 of 1988);
      (g). tender advice to the Central Government, corporations
      established by or under any Central Act, Government companies,
G     societies and local authorities owned or controlled by the Central
      Government on such matters as may be referred to it by that
      Government, said Government companies, societies and local
      authorities owned or controlled by the Central Government or
      otherwise;
H
    ALOK KUMAR VERMA v. UNION OF INDIA                                     117
           [RANJAN GOGOI, CJI]

(h). exercise superintendence over the vigilance administration            A
of the various Ministries of the Central Government or corporations
established by or under any Central Act, Government companies,
societies and local authorities owned or controlled by that
Government:
Provided that nothing contained in this clause shall be deemed to          B
authorize the Commission to exercise superintendence over the
Vigilance administration in a manner not consistent with the
directions relating to vigilance matters issued by the Government
and to confer power upon the Commission to issue directions
relating to any policy matters;
                                                                           C
2. The persons referred to in clause (d) of sub-section (1) are as
follows:—
(a). members of All-India Services serving in connection with the
affairs of the Union and Group ‘A’ officers of the Central
Government;                                                                D
(b). such level of officers of the corporations established by or
under any Central Act, Government companies, societies and other
local authorities, owned or controlled by the Central Government,
as that Government may, by notification in the Official Gazette,
specify in this behalf:                                                    E
Provided that till such time a notification is issued under this clause,
all officers of the said corporations, companies, societies and local
authorities shall be deemed to be the persons referred to in clause
(d) of sub-section (1).
(c) on a reference made by the Lokpal under proviso to sub-                F
section (1) of Section 20 of the Lokpal and Lokayuktas Act, 2013
(1 of 2014), the persons referred to in clause (d) of sub-section
(1) shall also include—
(i) members of Group B, Group C and Group D services of the
Central Government;                                                        G
(ii) such level of officials or staff of the corporations established
by or under any Central Act, Government companies, societies
and other local authorities, owned or controlled by the Central
Government, as that Government may, by notification in the Official
Gazette, specify in this behalf:                                           H
118            SUPREME COURT REPORTS                             [2019] 1 S.C.R.


A           Provided that till such time a notification is issued under this clause,
            all officials or staff of the said corporations, companies, societies
            and local authorities shall be deemed to be the persons referred in
            clause (d) of sub-section (1).
            xxx                          xxx                        xxx
B           “11. Power relating to inquiries.-
            The Commission shall, while conducting any inquiry referred to in
            clauses (b) and (c) of sub-section (1) of section 8, have all the
            powers of a civil court trying a suit under the Code of Civil
            Procedure, 1908 (5 of 1908) and in particular, in respect of the
C           following matters, namely:-
            a. summoning and enforcing the attendance of any person from
            any part of India and examining him on oath;
            b. requiring the discovery and production of any document;
D           c. receiving evidence on affidavits;
            d. requisitioning any public record or copy thereof from any court
            or office;
            e. issuing commissions for the examination of witnesses or other
            documents; and
E
            f. any other matter which may be prescribed.”
             23. The provisions of the DSPE Act as amended by Act No.45 of
      2003 (The Central Vigilance Act, 2003) and Act No.1 of 2014 (Lokpal
      and Lokayuktas Act, 2013) may also require a specific notice. Sections
F     4, 4A and 4B introduced by the aforesaid amendments, on which
      elaborate arguments have been made by the contesting parties, provide
      as follows:
            “4. Superintendence and administration of Special Police
            Establishment.— (1) The superintendence of the Delhi Special
G           Police Establishment in so far as it relates to investigation of
            offences alleged to have been committed under the Prevention of
            Corruption Act, 1988 (49 of 1988), shall vest in the Commission.
            (2) Save as otherwise provided in sub-section (1), the
            superintendence of the said police establishment in all other matters
            shall vest in the Central Government.
H
   ALOK KUMAR VERMA v. UNION OF INDIA                                  119
          [RANJAN GOGOI, CJI]

(3) The administration of the said police establishment shall vest     A
in an officer appointed in this behalf by the Central Government
(hereinafter referred to as the Director) who shall exercise in
respect of that police establishment such of the powers exercisable
by an Inspector-General of Police in respect of the police force in
a State as the Central Government may specify in this behalf.
                                                                       B
4A. Committee for appointment of Director.— (1) The Central
Government shall appoint the Director on the recommendation of
the Committee consisting of—
(a) the Prime Minister                       — Chairperson;
(b) the Leader of Opposition                                           C
   recognised as such in the House
   of the People or where there is no
   such Leader of Opposition,
    then the Leader of the single
   largest Opposition Party in that
                                                                       D
    House                                    — Member;
(c) the Chief Justice of India or
Judge Of the Supreme Court nominated
by him                                       — Member;

                                                                       E
(2) No appointment of a Director shall be invalid merely by reason
of any vacancy or absence of a Member in the Committee.
(3) The Committee shall recommend a panel of officers—
(a) on the basis of seniority, integrity and experience in the
investigation of anti-corruption cases; and                            F
(b) chosen from amongst officers belonging to the Indian Police
Service constituted under the All-India Services Act, 1951 (61 of
1951), for being considered for appointment as the Director.
4B. Terms and conditions of service of Director.—(1) The
Director shall, notwithstanding anything to the contrary contained     G
in the rules relating to his conditions of service, continue to hold
office for a period of not less than two years from the date on
which he assumes office.

                                                                       H
120             SUPREME COURT REPORTS                           [2019] 1 S.C.R.


A           (2) The Director shall not be transferred except with the previous
            consent of the Committee referred to in sub-section (1) of section
            4A.”
             24. Shri F.S. Nariman and Shri Dushyant Dave, learned Senior
      Counsels, who have argued the case for Shri Alok Kumar Verma, Director,
B     CBI and Common Cause have contended that the history of the
      institutional framework surrounding the CBI leading to the statutory
      enactments in question and the views expressed in the judgment of this
      Court in Vineet Narain (supra), including the operative directions under
      Article 142 of the Constitution, can leave no doubt that the judicial
      endeavour should/must always be to preserve, maintain and further the
C     integrity, independence and majesty of the institution i.e. CBI. This is
      the core intent behind the statutory enactments and the amendments
      thereto, details of which have been noticed. The Director of the CBI is
      the centre of power in an abundantly powerful organization having
      jurisdiction to investigate and to prosecute key offences and offenders
D     having great ramifications and consequences on public life. There can
      be no manner of doubt that the Director who has been given a minimum
      assured tenure of “not less than two years” must be insulated from all
      external interference if the CBI has to live up to the role and expectations
      of the legislature and enjoy public confidence to the fullest measure.
      This is how the provisions of the cognate legislations i.e. the CVC Act,
E     2003 and DPSE Act, 1946 (as amended), must be interpreted, according
      to the learned counsels. It is specifically urged that the embargo under
      Section 4B(2) of the DSPE Act which mentions that the Director shall
      not be transferred except with the previous consent of the Committee
      must be construed in the broadest perspective to include any attempt to
F     divest the Director, CBI of his powers, functions, duties, etc. in any
      manner whatsoever and not necessarily relatable to the transfer of the
      incumbent as is understood in ordinary parlance. According to the
      learned counsels, unless such a meaning is attributed to the provisions of
      Section 4B(2) of the DSPE Act, the legislative intent would be rendered
      futile and so would be the entire judicial exercise culminating in the
G     operative directions of this Court in Vineet Narain (supra).
             25. So construed, according to the learned counsels, the exercise
      of power in the present case is blatantly and patently flawed. There can
      be no legal recognition of the action taken on the strength of the impugned
      orders which have been notified without seeking the previous consent of
H
             ALOK KUMAR VERMA v. UNION OF INDIA                                121
                    [RANJAN GOGOI, CJI]

the Committee for appointment of Director, CBI constituted under Section       A
4A(1), of the DSPE Act, 1946.
       26. The alternative argument made is that if the provisions of
Section 4B(2) of the DSPE Act are to be “narrowly” construed by
understanding the word “transfer” as is normally understood in service
jurisprudence, the ultimate validity of the impugned exercise will have to     B
be tested by the adequacy and sufficiency of reasons to justify a
premature curtailment of the tenure of the Director, CBI. No such
justification, according to the learned counsels, exists. In this regard, it
has been pointed out that the allegations against the Director, CBI made
by Special Director, CBI Shri Rakesh Asthana and the purported inquiry
into such allegations by the CVC and the disinvestment of powers during        C
the interregnum i.e. pendency of the inquiry are wholly unjustified actions
prompted by collateral reasons. Interference, in the larger public interest,
by this Court in the exercise of powers of judicial review under Article
32 of the Constitution of India would therefore be called for.
        27. The aforesaid argument has been countered by Shri K.K.             D
Venugopal, learned Attorney General appearing for the Union of India
who contends that the role of the Committee under Section 4A(1) of the
DSPE Act is limited to making recommendations on the basis of which
the Central Government is to make the appointment. According to the
learned Attorney, once the recommendation is made by the Committee             E
and the appointment is made, the Committee becomes functus officio.
Reliance has been placed in this regard on Shankarsan Dash vs. Union
of India2 and Jai Singh Dalal and others vs. State of Haryana &
another3 to contend that when the law does not recognize in any
incumbent, who may have been recommended, a right to be appointed it
cannot be contended that after the appointment is made the Committee           F
constituted to make recommendations for appointment has to be consulted
in all cases of disinvestment of power, even beyond what is specifically
provided for by Section 4B(2) of the DSPE Act. Section 4B(2), it is
pointed out provides/mandates the requirement of previous consent only
in cases of transfer of the Director which is also what had been directed      G
by this Court in paragraph 58(8) of the report in Vineet Narain (supra).
The Learned Attorney has further submitted that the present is not a
case of transfer so as to require the previous consent of the Committee
2
    (1991) 3 SCC 47
3
    1993 Supp. (2) SCC 600
                                                                               H
122             SUPREME COURT REPORTS                            [2019] 1 S.C.R.


A     under Section 4B(2) of the DSPE Act. Reliance has also been placed
      on the provisions of Section 16 of the General Clauses Act, 1897 to
      persuade the Court to recognise in the Central Government a power to
      divest the Director, CBI of his powers, functions, duties, etc. According
      to the learned Attorney the power to divest must be acknowledged to be
      the logical corollary of the power of appointment of the Director, CBI
B
      which is vested in the Central Government.
              28. On the other hand, Shri Tushar Mehta, learned Solicitor General
      appearing for the CVC has argued that merely on the appointment of a
      Member of the Indian Police Service as the Director, CBI, the incumbent
      does not cease to be a public servant/government servant. He continues
C     to be, according to the learned Solicitor General, a civil servant; a member
      of the Indian Police Service amenable to all service conditions as
      applicable and also to the disciplinary control of the Competent Authority.
      The only exception in this regard, according to the learned Additional
      Solicitor General, is provided by Section 4B(1) of the DSPE Act which
D     provides for a fixed tenure of the Director. It is only the Rules/conditions
      of service so far as the retirement is concerned that stands diluted/affected
      by the provisions of Section 4B(1) of the DSPE Act and none other.
             29. In brief, these are the broad submissions of the contesting
      parties. It has been further supplemented by the learned counsels for
E     the petitioner that on a meaningful interpretation of the provisions of the
      relevant statutes the Court should take the view that what is provided
      therein is a complete insulation of the incumbent holding the post of
      Director of the CBI and no action affecting his continuance and functioning
      can be taken except with the previous consent of the Committee under
      Section 4A of the DSPE Act. It is only after the incumbent ceases to
F     hold the post of Director, upon transfer or otherwise, made with the
      previous consent of the Committee, that the disciplinary control over
      such incumbent as a civil servant can be exercised by the Central
      Government.
             30. The contentions advanced by the rival parties would require
G     the Court to consider two issues to determine the validity of the impugned
      orders. The first is the competence of the CVC and the Government of
      India to divest the Director, CBI of all his powers, functions, duties,
      supervisory role, etc. without obtaining the prior consent of the Committee
      constituted under Section 4A(1) of the DSPE Act to make
H
          ALOK KUMAR VERMA v. UNION OF INDIA                                 123
                 [RANJAN GOGOI, CJI]

recommendations for appointment of the Director, CBI. Learned counsels       A
for the petitioners are emphatic in their contentions that obtaining such
prior consent is the in-built mandate under the Statute which flows from
the operative directions issued by this Court in paragraph 58 of Vineet
Narain (supra). Therefore, according to the learned counsels for the
petitioners, the impugned orders passed without obtaining prior consent
                                                                             B
of the Committee are non-est in law and no other issue really need be
gone into in the present case.
       31. The above contention raises a pure question of law answerable
on application of known and established principles of law including
interpretation of the provisions of the CVC Act, 2003 and the DSPE
Act, 1946 and further in the light of such legislative intent that can be    C
culled out in making the enactments in question. Not only do we prefer
to deal with the said question in the first instance for the above stated
reason but such an exercise becomes obligatory in view of the
jurisdictional questions that are inbuilt therein. On the aforesaid basis
the second question raised can be relegated to a later stage of              D
consideration, which question, we may indicate is one relating to the
sufficiency/adequacy or even the relevance of the reasons that had
prompted the CVC and the Government of India to take the impugned
decisions, a question that may legitimately call for an answer only in the
event of our disagreeing with the contentions advanced on behalf of the
petitioner on the first issue namely that the divestment of power and        E
authority of the Director, CBI can only be with the prior consent of the
Committee.
       32. There is no manner of doubt that the enactment of the CVC
Act, 2003 and the amendments made by the said enactment, inter alia,
in the DSPE Act (by Section 26 of the CVC Act, 2003) are a sequel to         F
the operative directions of this Court in paragraph 58 of Vineet Narain
(supra). The legislature in its wisdom had not considered the necessity
of tempering down the directions of this Court in Vineet Narain (supra)
in any manner whatsoever. The mode and manner of appointment of
Central Vigilance Commissioner and Vigilance Commissioners as well           G
as that of the Director, CBI as spelt out by this Court in Vineet Narain
(supra) has been scrupulously followed by Parliament. In fact, at this
stage, we may even take note of the fact that Parliament on its own in
amending Section 4A of the DSPE Act by the Lokpal and Lokayuktas
Act, 2013 (Act No.1 of 2014) has gone a step further to give effect to
                                                                             H
124             SUPREME COURT REPORTS                            [2019] 1 S.C.R.


A     the directions of this Court made in Vineet Narain (supra) inasmuch as
      the object for change of the Committee for making recommendations
      for appointment of the Director, CBI has been stated to be the necessity
      “to provide a High Power Selection Committee for selection of
      Director of the Delhi Special Police Establishment”.
B            33. The Court, in its bid to understand the true legislative intention
      behind the statutory enactments in question, cannot be oblivious of the
      views expressed by this Court in Vineet Narain (supra) leading to the
      operative directions in para 58 that formed the basis of the legislative
      exercise in question. The said views must be understood to have been
      considered fully by Parliament before engrafting the consequential
C     directions contained in paragraph 58 of Vineet Narain (supra) in the
      form of statutory enactments, details of which have been noticed earlier.
      In this regard, paragraphs 3 and 48 of the report of this Court in Vineet
      Narain (supra) must hold a special field so as to deserve a recall of the
      contents thereof which are in the following terms:
D           “3. This experience revealed to us the need for the insulation of
            these agencies from any extraneous influence to ensure the
            continuance of the good work they have commenced. It is this
            need which has impelled us to examine the structure of these
            agencies and to consider the necessary steps which would provide
E           permanent insulation to the agencies against extraneous influences
            to enable them to discharge their duties in the manner required
            for proper implementation of the rule of law. Permanent measures
            are necessary to avoid the need of every matter being brought to
            the court for taking ad hoc measures to achieve the desired results.
            This is the occasion for us to deal with the structure, constitution
F           and the permanent measures necessary for having a fair and
            impartial agency. The faith and commitment to the rule of law
            exhibited by all concerned in these proceedings is the surest
            guarantee of the survival of democracy of which rule of law is
            the bedrock. The basic postulate of the concept of equality: “Be
G           you ever so high, the law is above you,” has governed all steps
            taken by us in these proceedings.
                       xxx               xxx               xxx
            48. In view of the common perception shared by everyone including
            the Government of India and the Independent Review Committee
H
             ALOK KUMAR VERMA v. UNION OF INDIA                                   125
                    [RANJAN GOGOI, CJI]

         (IRC) of the need for insulation of the CBI from extraneous              A
         influence of any kind, it is imperative that some action is urgently
         taken to prevent the continuance of this situation with a view to
         ensure proper implementation of the rule of law. This is the need
         of equality guaranteed in the Constitution. The right to equality in
         a situation like this is that of the Indian polity and not merely of a
                                                                                  B
         few individuals. The powers conferred on this Court by the
         Constitution are ample to remedy this defect and to ensure
         enforcement of the concept of equality.”
       34. These are the basic facts that cannot be overlooked while
gathering the intention of the legislature in making the provisions contained
in Section 4A and Section 4B of the DSPE Act. An indepth consideration            C
of the matter leaves us with no doubt that the clear legislative intent in
bringing the aforesaid provisions to the statute book are for the purpose
of ensuring complete insulation of the office of the Director, CBI from
all kinds of extraneous influences, as may be, as well as for upholding
the integrity and independence of the institution of the CBI as a whole.          D
       35. There are certain other relevant facts that cannot be ignored.
The provisions of various State enactments (Police Act), as for example
Uttrakhand Police Act 2007, following the decision of this Court in
Prakash Singh And Others vs. Union of India And Others4 (2006)
8 SCC 1,while providing for a tenure of two years to the Director General         E
of Police of the State expressly contemplates removal of the incumbent
before expiry of the of the tenure on certain specified grounds [Section
20 (4) & (5)]. Similarly, Section 6 of the CVC Act, which has been
extracted above, specifically contemplates certain interim measures
against the Central Vigilance Commissioner or a Vigilance Commissioner
pending consideration by the Supreme Court of the reference made by               F
the President to the Court for removal of any such incumbent. Removal
of any of the aforesaid incumbents holding any of the aforesaid posts is
also contemplated on certain contingencies occurring as spelt out by
sub-section (3) of Section 6 of the CVC Act. No such provision has
been engrafted so far as the office of the Director, CBI is concerned             G
except what is contained in Section 4B(2) of the DSPE Act, namely,
that “the Director shall not be transferred except with the previous
consent of the Committee referred to in sub-section (1) of section

4
    (2006) 8 SCC 1
                                                                                  H
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A     4A”. As already noticed, Section 4B including sub-section (2) thereof
      of the DSPE Act, as it exists on date, were brought in by the same
      legislation i.e. CVC Act (Act No.45 of 2003).
              36. If the legislative intent would have been to confer in any
      authority of the State a power to take interim measures against the
B     Director, CBI thereby affecting his functioning, surely, the legislation
      would have contained enabling provisions to that effect and consequently
      would have been differently worded and drafted. It is against this
      backdrop that the words “transferred except with the previous
      consent of the Committee” mentioned in Section 4B(2) of the DSPE
      Act has to be understood. If the word “transferred” has to be understood
C     in its ordinary parlance and limited to a change from one post to another,
      as the word would normally convey and on that basis the requirement of
      “previous consent of the Committee” is understood to be only in
      such cases, i.e. purely of transfer, such an interpretation would be self-
      defeating and would clearly negate the legislative intent. In such an
D     event it will be free for the State Authority to effectively disengage the
      Director, CBI from functioning by adopting various modes, known and
      unknown, which may not amount to transfer but would still have the
      same effect as a transfer from one post to another, namely, cessation of
      exercise of powers and functions of the earlier post. This is clearly not
      what the legislature could have intended. The long history of evolution
E     has shown that the institution of the CBI has been perceived to be
      necessarily kept away from all kinds of extraneous influences so that it
      can perform its role as the premier investigating and prosecuting agency
      without any fear and favour and in the best public interest. The head of
      the institution, namely, the Director, naturally, therefore, has to be the
F     role model of independence and integrity which can only be ensured by
      freedom from all kinds of control and interference except to the extent
      that Parliament may have intended. Such intendment, in our considered
      view, would require all Authorities to keep away from intermingling or
      interfering in the functioning of the Director. In a situation where such
      interference may at all be called for, public interest must be writ large
G     against the backdrop of the necessity. The relevance and adequacy of
      the reasons giving rise to such a compelling necessity can only be tested
      by the opinion of the Committee constituted under Section 4A(1) of the
      DSPE Act in whom the power to make recommendations for appointment
      of the Director has been vested by Parliament. This alone can provide
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          ALOK KUMAR VERMA v. UNION OF INDIA                                   127
                 [RANJAN GOGOI, CJI]

an adequate safeguard to ensure the independence of the office keeping         A
in view the legislative intent, as found and held by us. In this regard we
feel fortified in saying that the status of the Committe having undergone
an upward movement by the amendment brought in by the Lokpal and
Lokayuktas Act, 2013 (Act No.1 of 2014) it cannot but be said that the
legislative intent in shielding and insulating the office of the Director
                                                                               B
from any kind of extraneous influence has been foremost in the mind of
Parliament which intent found manifestation in the changes in law brought
about in the circumstances noted above.
       37. There is yet another issue of significance that arises from the
weighty arguments advanced in the course of the long debate that has
taken place. This is with regard to the application of Sections 14, 15 and     C
16 of the General Clauses Act, 1897 so as to confer a power in the
Central Government to pass the impugned orders including the order of
appointment of an acting Director of the CBI. The preceding discussions
and our views on the true and correct meaning of the provisions contained
in Sections 4A & 4B of the DSPE Act leaves us convinced that the               D
aforesaid provisions of the General Clauses Act will have no application
to the present case in view of the clear and apparent intention to the
contrary that unequivocally flows from the aforesaid provisions of the
DSPE Act.
       38. So far as the correctness of the impugned decisions on merit        E
is concerned, not much argument have been made either on the relevance
or the sufficiency of the grounds shown and disclosed for the impugned
decisions. This is, perhaps, on the understanding of the learned counsels
that our attempts to keep the report of the enquiry by the CVC ordered
on 26th October and 12th November, 2018 in sealed cover was sufficiently
indicative of the mind of the Court that this aspect of the case should        F
require to be unfolded only if inevitable and that too in the event of a
negative decision on the jurisdictional question. The inherent limitation
in such an exercise of, if at all is to be undertaken, is another inhibiting
factor. Be that as it may such an exercise has now become wholly
unnecessary in view of the decision on the jurisdictional issue.               G
       39. Consequently, in the light of our views as expressed above we
set aside the following orders dated 23rd October, 2018:
      (i) of the CVC divesting the powers, functions, duties, supervisory
          role, etc. of Shri Alok Kumar Verma as Director, CBI
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128             SUPREME COURT REPORTS                           [2019] 1 S.C.R.


A           (ii) of the Government of India, Ministry of Personnel, Public
                Grievances and Pensions, Department of Personnel & Training
                divesting Shri Alok Kumar Verma, Director, CBI of his
                functions, powers, duties and supervisory role with immediate
                effect and until further orders.
B           (iii) of the Government of India, Ministry of Personnel, Public
                Grievances and Pensions, Department of Personnel & Training
                by which one Shri M. Nageshwar Rao, IPS, Joint Director,
                CBI has been asked to look after the duties and functions of
                Director, CBI with immediate effect.
C           40. Our interference, as above, will now require the matter to be
      considered by the Committee under Section 4A(1) of the DSPE Act,
      1946 which may be so done at the earliest and, in any case, within a
      week from the date of this order. A meeting of the Committee may be
      accordingly convened by the competent authority.
D            41. As the issue of divestment of power and authority of the
      Director, CBI is still open for consideration by the Committee and our
      interference with the impugned orders has been on the ground indicated
      above, we deem it proper to direct that the petitioner Shri Alok Kumar
      Verma, Director, CBI, upon reinstatement, will cease and desist from
      taking any major policy decisions till the decision of the Committee
E     permitting such actions and decisions becomes available within the time
      frame indicated. We further make it explicit that the role of the Petitioner
      Shri Alok Kumar Verma as the Director, CBI during the interregnum
      and in terms of this order will be confined only to the exercise of the
      ongoing routine functions without any fresh initiative, having no major
F     policy or institutional implications.
             42. Coming to the several IAs filed, we are of the view that the
      orders of transfer etc. impugned/mentioned in the said IAs are a sequel
      of the three orders dated 23rd October, 2018 which were specifically
      impugned in the writ petitions. As we have answered the writ petitions
G     in the manner indicated above, we do not consider it necessary to examine
      the correctness of the further/consequential orders of transfer etc. and
      that too on the basis of interlocutory applications filed in pending writ
      petitions under Article 32 of the Constitution, which stand disposed of by
      the present order. However, we leave the parties with the remedy of

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            ALOK KUMAR VERMA v. UNION OF INDIA                                129
                   [RANJAN GOGOI, CJI]

challenging the said consequential orders in an appropriate manner and        A
before the appropriate forum, if so required and so advised.
       43. Both writ petitions and all the IAs are accordingly disposed
of.

                                                                              B
Devika Gujral                                          Matters disposed of.




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