This writ petition was filed under Article 32 of the Constitution of India seeking issuance of a writ of mandamus to direct Union of India to appoint a regular Director of CBI following the procedure laid down in section 4A of the Delhi Special Police Establishment Act,1946.
This petition was filed by a registered society and an RTI activist in bona fide public interest. RTI activist filed applications under the Right to Information Act, 2005 seeking information about the process of appointment of the new Director of CBI and the process adopted for shortlisting candidates but none of the information was provided to her in violation of the RTI Act. It was mentioned in the petition that the petitioners have no private/oblique motive.It was also prayed in the petition to quash the order issued by Union of India appointing Mr. Nageshwar Rao as the interim Director of CBI, further prayer was made to issue appropriate direction to the Union of India to ensure transparency and make all records of selection criteria of shortlisting and selection of the Director, CBI be properly recorded and made available to citizens as per the provisions of RTI Act.It was argued that the Government of India has failed to appoint Director of CBI as per section 4A of the Delhi Special Police Establishment Act, 1946, and has instead appointed Mr. Nageshwar Rao as the interim Director of CBI in an arbitrary and illegal manner.It is also said that the position of CBI is very crucial andis the premier investigation agency in the country. It investigates corruption related offenses connected with government officials. In earlier cases it was directed by the court to identify a panel for the selection of Director, CBI. It was contended that the appointment of Mr. Nageshwar Rao as interim Director was not recommended by the selection committee. The Government by passed the Selection Committee and in contravention of the established procedure unilaterally made the interim appointment. The court quashed the order regarding the appointment of Mr. Nageshwar Rao. It was held that the recommendation of Selection Committee was necessary, thus, the Government has acted completely in an arbitrary manner and in contravention of DSPE Act to appoint Mr. Nageshwar Rao. It is further submitted that there is a lack of transparency in the appointment of CBI Director. The Court gave various directions to ensure transparency in the process of short listing, selection and appointment of functionaries of various independent bodies like the Central Vigilance Commission and Information Commissions to prevent the appointment process being undermined behind a cloak of secrecy. It was held by the court that in case the due process has not been followed in the appointment, it is always open to any incumbent, if so advised, to question the appointment in accordance with law but not otherwise.

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