The Telegraph
Since 1st March, 1999
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SC scanner on CBI chief selection

New Delhi, Nov. 19: A decision on the procedure adopted by the Centre to select the director of the CBI, the country’s premier investigating agency, hangs in judicial balance.

The Supreme Court today reserved its verdict on a challenge to the process and asked the Centre through attorney-general Soli J. Sorabjee to explain the method used to determine seniority of IPS officers from amongst whom the director is appointed.

A three-judge bench of Chief Justice V.. Khare and Justices S.B. Sinha and A.R. Lakshmanan asked “what is the methodology of selection” from among IPS officers while hearing a plea by former Karnataka director general of police C. Dinakar, who has challenged the selection of R.K. Raghavan as CBI director.

The Centre suggested through the attorney-general that “all IPS officers” of seniority could be considered for the post but the final selection is on the basis of the Central Vigilance Commission Act.

Sorabjee pointed to the apex court’s verdict in the Jain hawala case in 1999. The court had said the selection should be made on the basis of seniority, integrity and experience of the officer in anti-corruption and investigation work and the central vigilance commissioner would be the superintending authority of all investigating agencies.

Dinakar has contended that the CVC act is “silent” on the question of determination of seniority.

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