The Supreme Court on Wednesday allowed an Enforcement Directorate officer to be relieved from his role in the coal block scam probe so that he can join as Joint Commissioner in his parent department, the Central Board of Indirect Taxes and Customs (CBIC).
A bench headed by Chief Justice N.V. Ramana said: “Having heard learned counsel appearing on behalf of the applicant and carefully perusing the averments made in the application, we permit the Directorate of Enforcement to relieve the applicant from the post of supervisory officer to enable him to join the post of Joint Commissioner in his parent department, CBIC.”
The bench also comprising Justices Vineet Saran and Surya Kant passed the order on an application by an officer working as Deputy Director at Indore sub-zonal office of the ED.
The bench noted it has been averred in the application that the applicant has been promoted to the post of Joint Commissioner in the CBIC. “However, as the applicant is not repatriated to the CBIC without the leave of this Court, the applicant cannot assume charge over the post of Joint Commissioner, and hence, continues to remain in the lower post of Deputy Commissioner,” it said.
The top court, in November 2018, had directed the ED not to transfer or remove any supervising officer or investigating officer associated with the coal block cases without seeking approval from it.
All counsel including Solicitor General Tushar Mehta submitted there was no objection to the applicant officer being relieved from duty.
As advocate M.L. Sharma submitted before the bench that none of the accused in coal scam have been arrested so far, the bench replied that it will look into that aspect when the main petition is heard.