New Delhi: CBI Chief Ranjit Sinha has written to Law Ministry seeking an explicit mention in the rules under the DSPE Act that the investigative agency`s director will be part of the appointment process for its Director of Prosecution.
Sinha has raised objections to the recently passed Lokpal Act, saying that as per the amended Section 4BA(3) in the Delhi Special Police Establishment Act, the Centre shall appoint the Director of Prosecution on the recommendation of the Central Vigilance Commission.
"Nothing has been mentioned about the CBI Director being part of such an appointment process. It is therefore necessary (to) provide in the rules that the CBI Director is part of the process of appointment of the (agency`s) Director of Prosecution as is the present arrangement," Sinha said in his letter to the Law Ministry on January 16.
In the letter, he further suggested an incorporation of existing provisions as regards the drawing up of a panel of names for appointment as Director of Prosecution.
He also pointed out contradictions in the sections related to the appointment of Superintendent of Police in the agency.
"As per the amended Section 4C(1) in the DSPE Act, the Centre shall appoint SP-level and above officers (except the Director, CBI) upon the recommendations of the committee headed by the CVC that shall consult the Director, CBI.
"Contents of 4c(2) are not in consonance with the words used in amended 4C(1) i.E. The Centre shall appoint officers...," Sinha said.
He suggested that for the appointment of Special Director and Additional Director-level officers, a panel of names of officers may be recommended by the said committee.
