<p>The Supreme Court on Wednesday upheld the Union government's power to extend the tenure of Enforcement Directorate's chief beyond a period of two years. The court, however, made it clear that extension to the officers, already superannuated, should be done in rare and exceptional circumstances.</p>.<p>A bench of Justices L Nageswara Rao and B R Gavai dismissed a petition filed by advocate Prashant Bhushan on behalf of NGO 'Common Cause' seeking quashing of November 13, 2020 order extending tenure of ED Director Sanjay Kumar Mishra to three years after amending the previous order for his appointment to two years.</p>.<p>The bench said it does not intend to interfere with the extension of tenure of Mishra as it is coming to an end in November, 2021.</p>.<p>The court noted the Centre's justification for extending tenure of Mishra to three years since important investigations under the Prevention of Money Laundering Act are at a crucial stage in trans-border crimes and such a decision was taken following the recommendation made by the high-powered committee formed under the Central Vigilance Commission Act.</p>.<p>"Though we have upheld the power of the Union of India to extend the tenure of Director of Enforcement beyond the period of two years, we should make it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases," the bench said.</p>.<p>The court also said reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the committee.</p>.<p>"Any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period... We make it clear that no further extension shall be granted to Mishra," the court said.</p>.<p>The court rejected a contention by senior advocate Dushyant Dave, appearing for the NGO that the extension of tenure was vitiated by the malice in law.</p>.<p>The petitioner submitted that Mishra, an Indian Revenue Officer, attained the age of superannuation in May, 2020. His initial tenure of two years came to an end on November 19, 2020. Any further extension of his tenure was illegal as he was not holding any post equivalent or above the rank of Additional Secretary to the Union government, it claimed.</p>.<p><strong>Check out the latest DH Videos here:</strong></p>
<p>The Supreme Court on Wednesday upheld the Union government's power to extend the tenure of Enforcement Directorate's chief beyond a period of two years. The court, however, made it clear that extension to the officers, already superannuated, should be done in rare and exceptional circumstances.</p>.<p>A bench of Justices L Nageswara Rao and B R Gavai dismissed a petition filed by advocate Prashant Bhushan on behalf of NGO 'Common Cause' seeking quashing of November 13, 2020 order extending tenure of ED Director Sanjay Kumar Mishra to three years after amending the previous order for his appointment to two years.</p>.<p>The bench said it does not intend to interfere with the extension of tenure of Mishra as it is coming to an end in November, 2021.</p>.<p>The court noted the Centre's justification for extending tenure of Mishra to three years since important investigations under the Prevention of Money Laundering Act are at a crucial stage in trans-border crimes and such a decision was taken following the recommendation made by the high-powered committee formed under the Central Vigilance Commission Act.</p>.<p>"Though we have upheld the power of the Union of India to extend the tenure of Director of Enforcement beyond the period of two years, we should make it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases," the bench said.</p>.<p>The court also said reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the committee.</p>.<p>"Any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period... We make it clear that no further extension shall be granted to Mishra," the court said.</p>.<p>The court rejected a contention by senior advocate Dushyant Dave, appearing for the NGO that the extension of tenure was vitiated by the malice in law.</p>.<p>The petitioner submitted that Mishra, an Indian Revenue Officer, attained the age of superannuation in May, 2020. His initial tenure of two years came to an end on November 19, 2020. Any further extension of his tenure was illegal as he was not holding any post equivalent or above the rank of Additional Secretary to the Union government, it claimed.</p>.<p><strong>Check out the latest DH Videos here:</strong></p>
