TMI Blog2017 (1) TMI 1763X X X X Extracts X X X X X X X X Extracts X X X X ..... irector, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been made vide order dated 27.10.2016, in compliance of and in consonance with the Fundamental Rule 56. 3. Based on the above Rule, it is submitted, that the appointment of Shri Karnail Singh, to the post of Director, Enforcement, could have been made, only till the date of his superannuation in the Indian Police Service. 4. The submission advanced at the hands of the learned Attorney Gener ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xxx xxx (iii) xxx xxx xxx (iv) xxx xxx xxx (v) xxx xxx xxx (b) While making a recommendation, the Committee shall take into consideration the integrity and exper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) On receipt of the recommendation under clause (f), the Central Government shall pass such orders as it thinks fit to give effect to the said recommendation. (Emphasis is ours) 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. 5. We are of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant 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. The selected Director, Enforcement shall be issued an order of appointment, allowing him to hold his office for a period of two years, from the date on which he assumes office. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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