The Supreme Court refused to interfere with the Central government order extending the tenure of the Director of Enforcement, Sanjay Kumar Mishra sighting the reason that his tenure is already coming to an end in November, 2021.  But made it clear that no further extension shall be granted.

In the last hearing the supreme court observed that the central government cannot continue extending the tenure of the Director of Enforcement's till the agency completes investigating all crucial cases after being told that the success achieved in crucial money laundering cases under the present ED director was one of the reasons to extend his tenure by a year.

This order was made in a writ Petition filed under Article 32 of the Constitution of India for quashing the order extending the tenure of the Director of Enforcement, Sanjay Kumar Mishra till November 21, 2021. On 19.11.2018 Sanjay Kumar Mishra who was working as Principal Special Director in the Directorate of Enforcement, was appointed as Director of Enforcement for a period of two years and which was to be ended on 19.11.2020. 

Subsequently the central government amended the appoinmented order and the two years was changed to three years’ tenure. The petitioner challenged this modification as contravention of Section 25 of the Central Vigilance Act and the modification of the order of appointment could not have been retrospectively made. However, the government claimed that the extension of tenure was on the basis of a recommendation made by the Committee headed by the Chief Vigilance Commissioner on 11.11.2020 in view of administrative exigencies and justified the action under section 21 of the General Clauses Act, 1897 enables the Government to extend the tenure of the present director. Section 21 of the General Clause Act reads as follows: -

"Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws.— Where, by any [Central Act] or Regulations a power to [issue notifications,] orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any [notifications,] orders, rules or bye-laws so [issued].”  

This writ petition was filed by an NGO common cause.