New Delhi, Nov 8 (PTI) : The Government said Friday it will appeal the Guwahati High Court judgment holding the setting up of Central Bureau of Investigation (CBI) as unconstitutional.

”...The DoPT intends to file an appeal. So an appeal will be filed against the order (in the Supreme Court),” law minister Kapil Sibal told reporters here. The Department of Personnel & Training (DoPT) is the administrative ministry for the CBI. Sibal said the DoPT has discussed the issue with him and it was decided to file an appeal.

Earlier in the day, Minister of State for Personnel V Narayanasamy met Prime Minister Manmohan Singh apparently to discuss the fallout of the verdict.

”The judgment is patently wrong. It is bound to be set aside. We are certainly going to challenge it and the appeal is likely to be filed in the Supreme Court latest by Monday,” Additional Solicitor General P P Malhotra had told PTI. He had appeared before the high court in the case.

On Wednesday, the Gauhati High Court had struck down the 1963 resolution signed by a secretary to the Government of India through which the CBI was set up, and held all its actions as “unconstitutional”.

The judgment, by a division bench of justices I A Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar challenging an order by a single judge of the High Court in 2007 on the resolution through which CBI was set up. The CBI had filed charges against Kumar in a corruption caes.

Malhotra said the Supreme Court has time and again upheld the government resolution on the formation of the CBI.

CBI officials said they were awaiting a certified copy of the court's order.

”Once it is received, it will be examined and appropriate steps will be taken,” the agency said in a statement.