Modi govt says it sent Alok Verma on leave on recommendation of CVC. But the CVC can’t do this unless officer is booked under Prevention of Corruption Act.
New Delhi: Even if one buys into the Narendra Modi government’s claim that it sent CBI director Alok Verma on leave at the behest of the Central Vigilance Commission (CVC), a simple question still begs to be asked. Does it have the power to do that? The simple answer is, no.
The government’s claim would probably not have drawn so much attention had it not transferred only those officers who were close to Verma, or those who were handling high-profile cases that could’ve reached the Prime Minister’s Office.
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The fact that it sent Verma on leave and then sent the officer investigating corruption charges against special director Rakesh Asthana to Port Blair is what has raised questions.
But, most importantly, the government, even on the asking of the CVC, has no power to send the CBI chief on leave.
Lines that were crossed
Apart from the little matter of the CBI chief having a fixed two-year tenure, what is also important is that the landmark 1998 Supreme Court judgment in the Vineet Narain & Others vs Union of India case clearly states that the transfer of “an incumbent director, CBI, in an extraordinary situation, including the need for him to take up a more important assignment, should have the approval of the selection committee”.
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However, since then, the manner of appointment of the CBI director has also changed. Under the Lokpal Act, 2013, the CBI director is to be appointed on the recommendation of a committee consisting of the Prime Minister, the Leader of the Opposition in Lok Sabha and the Chief Justice of India or a judge of the Supreme Court nominated by him.
Did that committee meet Tuesday and recommend any action against Verma?
It is the settled law that, unless otherwise prescribed, only the selecting/appointing authority can remove a person. But, since he enjoys a fixed tenure, the CBI chief can’t be removed without a proper inquiry. And, sending him on forced leave is akin to removal.
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Lastly, the power of superintendence and supervision that the CVC enjoys over the CBI is limited to the investigation of offences under the Prevention of Corruption Act. Verma has so far not been booked under any case, least of all under the Prevention of Corruption Act.