DoPT control over CBI affects its independence: CBI to SC

'No rule says the Department of Personnel and Training shall control CBI's day-to-day affairs'

DoPT controlling day to day affairs of CBI adversely affects the efficacy and independence of its functioning, the agency told today the Supreme Court while insisting on ex-officio power of secretary to its Director to reduce bureaucratic layers of scrutiny.

The agency contended before the apex court that there is no rule which says that the Department of Personnel and Training (DoPT) shall control CBI's day to day affairs despite being attached to the department and sought power for operational autonomy.

In an affidavit filed by its advocate Amit Anand Tiwari in connection with the coalgate scam, the agency said, "The sole purpose of the CBI in seeking powers beyond what has been granted to it presently, is to make its Director more empowered to enforce and ensure more professional, efficient, expeditious and impartial conduct of CBI investigations".

"Even if CBI is an attached office with the DoPT, nowhere is it provided in the relevant rules that DoPT shall control the day to day affairs of CBI thereby adversely affecting the efficacy & independence of investigations and prosecution being carried out by CBI," the affidavit said.

"That CBI is admittedly not a wing under the DoPT and the CBI's proposal of its Director directly reporting to the Minister DoPT is appropriate as it would remove the present anomaly of CBI despite not being wing of DoPT, is still controlled by the DoPT with Secretary DoPT being the reporting authority for the Director," it said.