CBI addl director: SC refuses to withdraw order on IPS officer

The Bench granted time till October 14 to the Centre to spell out its stand to sort out the issue of appointment.

The Supreme Court Tuesday refused to withdraw its order restraining 1980-batch Tamil Nadu cadre IPS officer Archana Ramasundaram from functioning as Additional Director in the CBI. “We are not withdrawing our order,” the Bench comprising Chief Justice R M Lodha and Justices Kurian Joseph and R F Nariman said.

While ruling out withdrawal of its May 9 order, restraining Ramasundaram from discharging duty as the Additional Director, the Bench clarified that it was not making any remarks against the officer, who has been chargesheeted by Tamil Nadu for joining the CBI on central deputation without being relieved.

During the hearing of journalist Vineet Narain’s PIL challenging her appointment in the CBI on the plea that it was in violation of the norms since Ramasundaram was not recommended by the CVC, the Bench reiterated its view that rules required concurrence of the state government before a cadre officer could be posted outside the state. It said any violation of such rules had to be viewed in the context of the country’s federal structure.

During the hearing, Attorney General Mukul Rohtagi told the Bench that in his view the only way to sort out the issue now was for her to be shifted out of the agency.

“I am trying to sort it out and have even advised that one way out is she goes out (as Additional Director) and gets empanelled on DG rank,” Rohtagi told the court. Rohatgi’s statement came when the Bench 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”.

The Bench granted time till October 14 to the Centre to spell out its stand to sort out the issue of appointment.

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