Director of the CBI is appointed by the Central Government on the recommendations of a committee comprising of Prime Minister— Chairperson, Leader of Opposition in Lok Sabha—Member and Chief Justice of India or a judge of the Supreme Court nominated by him— Member.
[This is as per the existing provisions in section 4A of the Delhi Special Police Establishment Act, 1946 which has been brought by an amendment through the Lokpal and Lokayuktas Act, 2013. Prior to this, as per section 4A of the Delhi Special Police Establishment Act, 1946 (which stands amended now), the above-said committee comprised of Central Vigilance Commissioner—Chairperson, Vigilance Commissioner—Member, Secretary, MHA—Member, and Secretary (Coordination and Public Grievances) in the Cabinet Secretariat—Member.]
The Central Government appoints the Director of Prosecution in CBI on the recommendation of Central Vigilance Commission. (Section 4BA of Delhi Special Police Establishment Act, 1946)
The Central Government shall appoint officers to the posts of the level of Superintendent of Police and above except Director, and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment, on the recommendation of a committee consisting of: –
(a) the Central Vigilance Commissioner—Chairperson;
(b) Vigilance Commissioners—Members;
(c) Secretary to the Government of India in charge of the Ministry of Home—
Member;
(d) Secretary to the Government of India in charge of the Department of
Personnel—Member:
Provided that the Committee shall consult the Director before submitting its recommendation to the Central Government.
The proposals for extension of tenure may be put up to the Committee in due time. Ex post facto approvals should be avoided.
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