A bench headed by Chief Justice R M Lodha questioned the Centre's decision to appoint her as her name was not recommended by the selection committee.
"Once the committee decides you should give effect to it. This is the law and you have to carry out the law. It amounts to nullifying the statute. She cannot be permitted to work," it observed.
The court said that government cannot "superimpose" its decision on the appointment of the officer in CBI.
"We are informed by A K Ganguly that Ramasundaram has already joined as Additional Director as per the Centre's May 7 order. Having considered the statutory provision of the DSPE Act with regard to appointment of officers above SP rank, we find that the petitioner has made strong prima facie case that she was not recommended by the selection committee.
"In the circumstance, we do not find it justifiable for Ramasundaram to continue to function as Additional Director of CBI for the time being. We accordingly restrain the respondent (CBI) from allowing Ramasundaram to function as Additionl Director till next date of hearing," the bench said in its order.
