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The President has modified the 2018 appointment order of IRS officer S Ok Mishra to make sure that he will get one other yr as the director of Enforcement Directorate (ED) till November 2020.
Mishra’s two-year fastened term as ED director was to finish on November 18.
The modified appointment order of Mishra, 60, said: “The President of India is pleased to approve the modification in the earlier order dated November 19, 2018, appointing Shri Sanjay Kumar Mishra as director of enforcement in the Enforcement Directorate.”
It mentioned that his appointment will likely be for a interval of three years as an alternative of two, from the date of assumption of cost of the submit, or till additional orders, whichever is earlier.
The modification of Mishra’s appointment order was finished on the premise of Solicitor General’s authorized opinion, as the CVC Act is silent on the difficulty of extension for the submit of ED director, sources mentioned.
This is the primary that an ED director will serve a three-year term as an alternative of two years.
The appointment of director on the ED is ruled by Section 25 of CVC Act, 2003. As per the regulation, no individual beneath the rank of Additional Secretary to the federal government is eligible for appointment as the director, and the individual appointed has a hard and fast term of not lower than two years.
The CVC committee met on November 12 to advocate the modification to Mishra’s appointment.
Sources mentioned the federal government’s resolution to change Mishra’s 2018 appointment order, as an alternative of issuing an extension or reappointment order, will assist it keep away from authorized problem. Mishra turned 60 on May 20, the retirement age for presidency officers.
The authorities was additionally contemplating the ordinance route for amending the CVC Act however didn’t go for it as a result of it may have led to issues in Parliament later, sources mentioned.
As the ED director, Mishra has been overseeing quite a lot of delicate circumstances, together with Augusta Westland, Sterling Biotech, case of Congress chief and former Karnataka minister D Ok Shivakumar, Yes Bank, and the case of Deepak Kochhar, husband of former ICICI Bank chief Chanda Kochhar.
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