New Delhi: The Supreme Court on Tuesday refused to withdraw its order restraining a senior woman IPS official from functioning as Additional Director in CBI and the Attorney General conveyed his view that the only way to now sort out the issue was that she goes out of the agency.
The Court's stand came during a hearing on a PIL filed against posting IPS officer Archana Ramasundaram as as CBI's Additional Director without following proper procedure of getting the consent of Tamil Nadu government, to whose police force she belongs.
The bench headed by Chief Justice R M Lodha was of the view that rules require concurrence of the state government and every action has to be taken by taking into account the federal structure.
It made it clear that it was not making any remarks against the officer, who has been charge sheeted by Tamil Nadu for joining CBI on central deputation without being relieved.
Attroney General Mukul Rohatgi said,"I am trying to sort out and even advised that one way out is she goes out (as Additional Director), and gets empanelled on DG rank".
The court made made it clear that it was not withdrawing its May 9 order restraining her from discharging duty as Additional Director in CBI. Rohatgi's statement came when the bench, also comprising justices Kurian Joseph and R F Nariman, asked him to take a "position" as there were alleged "legal flaws" on her appointment and "the officer has been sandwiched between the Centre and the state government".
"We have said in our May 9 order that prima facie a strong case is made out that her appointment is bad and its continuance cannot be allowed," the bench observed.
It granted time till October 14 to the Centre to spell out its stand to sort out the issue of appointment.
"At least you have realised hurdles coming in your way," the bench told Rohatgi after an hour-and-half long hearing.
The bench said because of legal flaws the appointment of Ramasundaram "is non est in the eyes of law" as the "required process of joining was not followed" and the "position" maintained by the apex court in its May 9 order "still holds the field".
"We are not withdrawing our order," it said.
Ramasundaram, a 1980 batch officer of Tamil Nadu cadre, had served in the CBI as Deputy Inspector General and later as its first woman Joint Director and handled various cases pertaining to Economic Offences between 1999 and 2006.
The court was hearing a petition filed by journalist Vineet Narain who had submitted that her appointment was arbitrary as an apex court's verdict was disregarded.
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