A fixed Three Year tenure is now provided for such appointments.
After the Supreme Court in May 2013, while hearing the ‘Coalgate probe report’, castigated the Govt. for reducing the Central Bureau of Investigation (CBI) as a ‘caged parrot speaking in its master’s voice,’ things are now changing for the better.
In a two months time CBI would have to select a new Director of Prosecution with a nominal role for the Union government in the selection of the candidate.
New eligibility norms
A new eligibility norms for appointment at the highest level in the agency including the post of CBI Director has been issued on 24th October.
Abiding the directives of the Apex Court, the Centre Govt. will now is to be totally guided by a panel headed by the Central Vigilance Commission (CVC).
It is carried through an office memorandum issued on Monday by Sh. BVRC Purushottam, Deputy Secretary in the Personnel Department.
It is addressed to CBI Director and Secretaries of all the Ministries in the Union Government.
It provides that since the incumbent Director of Prosecution is going to retire 23rd Dec, the process of appointment of a successor has to be expedited.
In the 2013 landmark judgment of the Supreme Court whivh dealt with issues related to the status of the CBI as well as the CVC and procedure on appointment of CBI Director. It also changed eligibility criteria for selection of the Director of Prosecution.
The apex court had mandated that henceforth the selection of the Director of Prosecution shall be on the recommendation of the Central Vigilance Commission.
As per Memo. selection shall be made from officers of the rank of Additional Secretary or Joint Secretary and Legal Adviser, with at least 3 years’ service in that grade, in the Department of Legal Affairs, who are eligible for appointment as Special Public Prosecutor. The tenure of appointment as Director of Prosecution shall be for a period of three years from the date he assumes office.
Relevant amendments were carried out in the provisions of the Delhi Special Police Establishment Act, 1946.
GOI Office Memorandum on Appointments in CBI by latest laws team on Scribd