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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. 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.

(2) The Director shall not be transferred except with the previous consent of the Committee referred to in sub­section (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, 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 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 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, 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 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 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 the Committee for appointment of Director, CBI constituted under Section 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 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 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. 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 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 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 2 (1991) 3 SCC 47 3 1993 Supp. (2) SCC 600 pointed out provides/mandates the requirement of previous consent only in cases of transfer of the Director which is also what had been directed 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 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 which is vested in the Central Government.