TMC Leader Saket Gokhale Moves Supreme Court Challenging Extension Of Tenure To ED Director SK Mishra

It was alleged that his extension of tenure is also in gross violation of the judgement of Apex Court in Common Cause vs. Union of India, W.P. (C) No. 1374 of 2020, wherein it was directed that no further extension of tenure shall be granted to the incumbent Director, ED.

Saket Gokhale has sought following reliefs from the court:

"a. For a writ, direction or order quashing Office Order No. 238/2021 issued by the Government of India, Ministry of Finance, Department of Revenue, dated 17.11.2021 granting an extension of tenure of one year to Mr. S.K. Mishra as Director, Directorate of Enforcement;

b. Pass any such other orders as may be deemed fit in the facts and circumstances of this case."

The petitioner alleged that Sh Sanjay Kumar Mishra, on the day of his appointment i.e. 17.11.2021, had not uploaded his annual immovable property returns (IPR) for the years 2018, 2019, and 2020.

The plea stated that current Director of ED failed to upload his IPRs within the deadline prescribed in the Office Order of CVC dated 23.11.2020 whereby filing of immovable property returns (IPR)/ movable property returns (MPR) by all civil service officers was made mandatory and a deadline of 30.11.2021 was fixed for filing of all returns till 2019. Therefore, the Union of India-respondent should have taken such an important factor into account while granting extension of his tenure, added the plea.

Moreover, the plea mentioned that the petitioner filed a complaint with the Central Vigilance Commission regarding the same, which was duly registered.. The plea added that as on the date of extension of tenure of Enforcement Director Sh. Sanjay Kumar Mishra by 1 year i.e. 17.11.2021, his IPR returns for the years 2018, 2019, & 2020 were still not uploaded on the aforementioned website as required by the rules of the Directorate of Income Tax.

It was stated in the plea that the IPR returns of Enforcement Director Sh Sanjay Kumar Mishra suddenly appeared in the month of December 2021 on the website www.irsofficersonline.gov.in. Forensic analysis conducted by the Petitioner of the immovable property returns files of Enforcement Director Sh Sanjay Kumar Mishra filed on the website www.irsofficersonline.gov.in in December 2021 show that the IPRs for the years 2018, 2019, & 2020 were uploaded to the website on 03.12.2021, added the plea.

Further, the plea states,

"It is surprising that the said Officer has been granted extension of tenure after his superannuation, that too for the second time, to such an important post despite his act of delinquency. Such a decision by the Government undermines public confidence in the post as well as the integrity of the entire organisation that is headed by the person occupying the post. This decision of the Government is bound to create a perception that such an important and sensitive position is open to political influences and pressures and that selection of officers is not guided by consideration of relevant factors."

In addition to the above, the plea states,

"Therefore, repeated extensions such as in the present case open the Officers to political influences and leave the institution vulnerable, especially considering that the Officer granted extension has been in gross violation of a number of OM and circulars of the DoPT, CVC and the CBDT. Hence, it is imperative that this Hon'ble Court intervenes and strikes down the order of Respondent No. 1 extending the tenure of Mr. SK Mishra as Director of ED."

Case Title: Saket Gokhale v. Union of India & Ors.