New Delhi: Seventy-seven days after he came back to office, CBI director Alok Verma reversed transfer orders of some of his key officers, who were sent out by interim chief M Nageshwar Rao while Verma was exiled on a forced leave.
In all, Verma has rescinded transfers and postings of 13 officials, including CBI’s powerful joint director (policy) AK Sharma, deputy inspectors general (DIG) MK Sinha, Anish Prasad, KR Chaurasia, Tarun Gauba, additional superintendent of police SS Gurm and deputy superintendent of police AK Bassi. These transfers and posting were effected by Rao pursuant to his two orders dated October 24 and January 3.
Questions arise whether Verma overstepped his authority in reversing the transfers and postings even though the Supreme Court, while granting him the partial relief on Tuesday, had prohibited from taking any “major policy decision,” or any fresh initiative that may have “institutional implications”.
Notably, the CBI director is also not oblivious of the fact that the Selection Committee is yet to take a call on his fate and that all his actions after resuming work will be looked at very closely.
The sources, however, tell News18 that Verma’s decision has its basis in the legal opinions rendered by the law officers when Rao was leading the agency in the interim.
Sources state that Rao had sought legal opinions from the offices of the Attorney General and the Solicitor General as to whether transfer and posting of officers would count as “major policy decisions” or not.
Rao felt constrained to seek this opinion since the Supreme Court had asked him not to take any “major policy decision” till the time Verma’s petition against his exile and divesting him of his powers is decided by it. Rao was also asked to submit to the Court all the decisions he took as the acting chief.
Therefore, as an abundant caution, Rao had approached the law officers for an opinion as to how the top court’s order has to be construed, and if he could go ahead with the transfers and postings without inviting any trouble.
Sources say that the law officers had then given a go ahead to Rao, opining that transfers and postings are “routine administrative functions” in the CBI and that such orders would not mean “major policy decisions”. The legal opinions paved the way for Rao to pass orders on transfers and postings.
Interestingly, to get his key officers back to the fold, Verma now banks on the same legal opinion which was once used to shunt them out.
However, the top court has also restrained Verma taking any "fresh initiative" and decisions that may have "institutional implications". Whether transfers and postings fall in the realm of these restrictions or not would have to wait a further clarification from the Supreme Court if Verma's decisions are challenged there.
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