[Coal Block Allocation Scam] Supreme Court Allows ED To Relieve Supervisory Officer On Completion of Deputation Tenure

While releasing the officer, the bench of Chief Justice NV Ramana, Justice Vineet Saran and Justice Surya Kant in their order said,

"Having heard learned counsel appearing on behalf of the applicant and carefully perusing the averments made in the application, we permit the Directorate of Enforcement to relieve the applicant from the post of Supervisory Officer to enable him to join the post of "Joint Commissioner" in his parent department, CBIC."

The Officer in his application had averred that he had completed his deputation tenure on 05.03.2020 and was relieved from all charges being handled by him as Deputy Director.

"However, in view of his responsibility/charge as `Supervising Officer', the applicant was retained with the Enforcement Directorate as an `Officer on Special Duty'(OSD) till leave/permission of this Court is obtained vide Office Order (Admn.) No.31/2020 dated 06.07.2020," the applicant stated.

It was also averred that the applicant was promoted to the post of "Joint Commissioner" in his parent department, CBIC but as the applicant was not repatriated to CBIC without the leave of this Court, the applicant could not assume charge over the post of Joint Commissioner, and hence, continued to remain in the lower post of "Deputy Commissioner".

On November 27, 2018, the Top Court had directed the Directorate of Enforcement not to transfer or remove any Supervising Officer or Investigating Officer associated with the coal block cases without leave of the Court and reiterated the said order on September 27, 2019.

Case Title: Manohar Lal Sharma v. The Principal Secretary & Ors.| Writ Petition(s)(Criminal) No(S).120/2012

Counsels: Advocate on Record Mr. Prashant Bhushan appeared for the petitioners, Senior Advocate Ashok Panda appeared on behalf of the Applicant and Senior Counsel and Special Public Prosecutor Maninder Singh

Click Here To Read/ Download Order