"The Central government shall confirm the permanent absorption of Rajeshwar Singh as Deputy Director within three days from today," a bench of justices H L Dattu and S A Bobde said. The bench came down heavily on the Centre for not complying with the directions of the Central Administrative Tribunal (CAT), issued on December 24 last year, to absorb Singh on permanent basis with the ED.
"You (Centre) don't obey the positive directions issued by the tribunal. The Delhi High Court refuses to stay the order of the tribunal on your writ petition. Even then you kept waiting for eight months. We will pass an order asking you to give him permanent appointment with ED," the bench said, adding that "this court had trusted this man for conducting the trial. Do you expect him to keep on fighting court cases and investigate the matter."
It also clarified that the order of the CAT has to be complied with as the Centre failed to file a special leave petition in the Supreme Court after the Delhi High Court refused to stay the tribunal's order in the matter. Additional Solicitor General (ASG) L Nageswara Rao, appearing for the Centre, opposed the plea of Singh saying that the writ petition is still pending in the high court and order can be passed by the apex court only after the decision of the case by the high court. Referring to the sequence of events, the ASG said that various ED officers, who had come on deputation, were decided to be absorbed as permanent officials by the UPSC. However, the appointment committee of the Ministry of Finance later decided not to confirm these officials as permanent officers, the ASG added.