New Delhi, Feb 2 : Congress leader and leader of the Opposition in the Lok Sabha Mallikarjun Kharge has recorded his dissent on the appointment of IPS officer Rishi Kumar Shukla as the CBI director, from among the panel of names send by the three member committee for the appointment to the post, contending that an officer without any experience in the field of anti-corruption should not be appointed for the post.
In his dissent note to Prime Minister Narendra Modi, Kharge said that Shukla, who had been appointed for the post had no experience of investigation in anti-corruption cases, as laid down by the Supreme Court observation in the Vineet Narain judgement.
In his dissent note, Kharge alleged that the PM-led committee diluted the required criteria for the selection of the CBI director, thus violating the spirit of the Delhi special police establishment act and the Supreme court guidelines.
Further, citing the Supreme court observation in the Vineet Narain judgement, Khargesaid that the committee for the appointment of the CBI director should make its decision based on seniority, integrity and experience in the field of anti corruption.
‘’All the three aspects- seniority, integrity and experience in investigation of anti-corruption cases should be given equal weightage in this matter to get the best suited officers in the shortlist,’’Kharge said in his dissent note.
He alleged that “the criteria decided in the meeting has diluted this to include investigation experience”.
‘’This would be both against the letter and spirit of the DSPE act which clearly states investigation of anti-corruption cases.
Adding of general investigative experience to experience of investigating anti corruption to enhance overall experience has led to inclusion of candidates who either have no experience or very little experience in investigation of anti-corruption cases,’’ Kharge said.
He said that based on the criteria laid down by the Delhi special police establishment act and the Supreme court, he was of the view that of the list of candidates submitted to the committee, only S Javed Ahmed, Rajiv Rai Bhatnagar and Sudeep Lakhtakia met the requirements of experience in investigating anti-corruption cases, in order of merit.
However, the PM led committee for the selection of the CBI chief had shortlisted the names of five persons- Rajiv Rai Bhatnagar, Rishi Kumar Shukla, Sandeep lakhtakia, S javed Ahmed and A P Maheshwari, in order of merit, on the basis of criteria of seniority, ACR above a certain cut off and total experience in investigation and anti-corruption of 100 months or more.
Contending that “seniority cannot be the only criteria in an appointment to such a critical post and experience in anti-corruption cases and prior experience of having served in the organization should also be considered seriously”, Kharge said,’’by including officers who do not have experience in investigating anti-corruption cases, the committee is in violation of the DSPE Act and the Supreme Court judgements that guide the appointment of the director, CBI.
Hence, in addition to my remarks of disagreement already noted in minutes of the meeting of the committee, I record my dissent for the above mentioned reasons for the recommendation of the proposed panel of names for the appointment to the post of Director, CBI and recommend the panel of names as mentioned above.’’
The Government on Saturday appointed 1983 batch IPS officer and former DGP of Madhya Pradesh Rishi Kumar Shukla as the new chief of the Central Bureau for Investigation (CBI), thus ending the suspense over the appointment of the new director of the investigation agency.
The appointments committee of the cabinet gave its approval to the appointment of Mr Shukla from among the names sent to it by the three member panel for the selection of the CBI chief, which comprises of the Prime Minister Narendra Modi, Chief Justice of India Ranjan Gogoi and Leader of the Opposition in the Lok Sabha Mallikarjun Kharge.
‘’The Appointments Committee of the Cabinet has approved the appointment of IPS Rishi Kumar Shukla as the new CBI Director for a period of two years from the date of assumption of charge of the office,’’a release by the DoPT said.
The high level committee for the selection of the CBI chief had held its second meeting on February 1 to decide on the names and prepared a panel of names for ACC approval.(UNI)