Center extends tenure for ED Chief SK Mishra

The Supreme Court of India recently approved of Central Government's decision to extend the tenure of service for Senior Indian Revenue Service officer, SK Mishra as Chief Enforcement Directorate (ED) till  November 2021. Mishra has however attended his age of retirement in May last year.

A judicial bench headed by Justice L Nageswara Rao however clarified that the Centre should not give any further extension to the officer even though the center has jurisdiction for extension of tenure and it should only be done in exceptional cases

The apex court's decision comes under highlight upon a PIL filed by NGO Common Cause challenging the extension of the tenure of Enforcement Directorate Director. The plea filed by the NGO had sought direction for quashing of November 13, 2020, order along with a direction to the Centre to appoint ED director in a transparent manner and strictly in accordance with the mandate of Section 25 of the Central Vigilance Commission Act, 2003.

Mishra, at 60, was appointed as the ED director for a period of two years, by on November 19, 2018 and later by an order of November 13, 2020, the appointment letter was modified retrospectively by the Central government and his term of two years was replaced by three years.

The modification of Mishra’s appointment order was done on the basis of Solicitor General’s legal opinion, as the CVC Act is silent on the issue of extension for the post of ED director.

This is the first that an ED director will serve a three-year term instead of two years.