VidhiSangh

Supreme Court of India · 28/11/2017

COMMON CAUSE versus UNION OF INDIA AND OTHERS

[2017] 11 S.C.R. 154 · 2017 INSC 1152

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Summary

A public-interest challenge alleged defects in Rakesh Asthana’s appointment as CBI Special Director. The Court examined the selection minutes, found that the Director had been consulted and relevant materials considered, and upheld the appointment. It distinguished judicial review of the selection process from review of comparative merit.

Issues

  1. Whether statutory consultation with the CBI Director required acceptance of his view.
  2. Whether the selection record disclosed illegality in the Special Director appointment.

Provisions considered

Held

Result

Writ petition dismissed; appointment as CBI Special Director held free from the alleged illegality. No determination of criminal guilt was made.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 154.