NEW DELHI, Oct 24: The Director of Prosecution (DoP) in CBI who gives legal opinion on all its cases, will now have a two-year fixed tenure but will remain under the control of the probe agency’s Director contrary to the suggestions made by CVC and a Parliamentary panel.
It is for the first time that the DoP is being given a fixed tenure on similar lines of that of the CBI Director.
The Department of Personnel and Training (DoPT) today issued new rules and opened recruitment to the post for civil servants, meeting eligibility criteria, working in various ministries also.
“An officer not below the rank of Joint Secretary to the Government of India and the officers who are eligible for appointment as Special Public Prosecutor within the meaning of Sub-Section 8 and 9 of Section 24 of Code of Criminal Procedure 1973,” an order by the DoPT said.
The Sub-Section mandates appointment of a person who has been in practise as an advocate for not less than ten years as a Special Public Prosecutor.
“All ministries/departments are requested to provide the names of the eligible and willing officers, in duplicate, working in Government”, it said.
The term of existing DoP, O P Verma, ends on December 23 whereas CBI Director Anil Sinha completes his term on December two.
The decision on the DoP is against the recommendations made by a Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, that submitted its report on changes in the Lokpal and other legislations, in December last year.
The panel had suggested that the post of DoP in CBI should be of the rank and status of the Director CBI in order to ensure its independent functioning.
The Central Vigilance Commission (CVC), in its view before the panel, had stated that it would be prudent to set up an independent Director of Prosecution.
“It feels that in view of the responsibilities of the post, the post should be at least of the rank of Additional Secretary or above,” the CVC had said.
As per the Lokpal Act, the Director of Prosecution shall function under the overall supervision and control of the CBI Director. (PTI)
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