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2017 (1) TMI 1763 - SC - Indian LawsAppointment of Shri Karnail Singh, IPS, to the post of Director, Enforcement - Compliance with Fundamental Rule 56 or not - Section 25 of the Central Vigilance Commission Act, 2003 - HELD THAT:- A perusal of Clause(d) of Section 25 reveals, that the appointment of the Director, Enforcement could not be for a period less than two years from the date on which an incumbent assumes his office. A statutory rule can never override a legislative enactment, and as such, the date of superannuation would have no consequence whatsoever with reference to Clause (d), which is explicit and clear - The mandate contained in Section 25 of the Act, leaves no room for any doubt, that even if there had been a legislative enactment to the contrary, the instant provision, mandating a period of not less than 2 years, from the date on which the incumbent assumes office, could not have been varied. The instant petition is disposed of with a direction to the respondent – Union of India to issue a fresh order of appointment, in consonance with, and in compliance of Section 25(d) of the Act, within one week from today.
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