COMMON CAUSE & ANR versus UNION OF INDIA & ANR.

COMMON CAUSE & ANR versus UNION OF INDIA & ANR.

The High Powered Selection Committee constituted under section 4A of the DSPE Act authorised the appointment of an interim Director, thus the appointment was not illegal or unauthorised. Since a regular Director was subsequently appointed, the main prayer in the writ petition stands satisfied; the petition was filed in undue haste without verifying committee resolution.

Parties
Petitioner: Common Cause; Petitioner: Anjali Bhardwaj; Respondent: Union of India
Jurisdiction
India
Judgment Date
19 February 2019
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
writ petition dismissed
Legal Topics
Appointment of Director of CBI, Interim Appointments, Transparency in Public Appointments, Right to Information Act
Administrative Law Constitutional Law Police Law Appointment of Director of CBI Interim Appointments Transparency in Public Appointments Right to Information Act

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Parties

Common Cause

Petitioner

Anjali Bhardwaj

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the appointment of interim Director of CBI was illegal and unauthorised under section 4A of the Delhi Special Police Establishment Act, 1946
  2. 2 Whether the Union of India violated transparency requirements in appointment and selection of Director, CBI

Ratio Decidendi

The High Powered Selection Committee constituted under section 4A of the DSPE Act authorised the appointment of an interim Director, thus the appointment was not illegal or unauthorised. Since a regular Director was subsequently appointed, the main prayer in the writ petition stands satisfied; the petition was filed in undue haste without verifying committee resolution.

Court Disposition

writ petition dismissed

Orders

  • Petition dismissed.
  • Parties to bear their own costs.