Patnaik

the Prime Minister, which selects the CBI chief, took a hasty decision to remove Verma from the investigating agency without hearing Verma. While supervising the enquiry, justice Patnaik said, he ensured that the principles of natural justice were applied.

Verma didn’t reply to phone call and a message seeking comment. C Chandramouli, secretary in the ministry of personnel, the administrative ministry of CBI, too didn’t reply to a phone call and a message.

The internecine fight between Verma and his deputy, who traded allegations of corruption, roiled the agency. On the inter- vening night of October 23 and 24, the government divested both of their powers and sent them on forced leave. M. Nageswara Rao was appointed interim director and transferred several officials, including some overseeing the investigation against Asthana.

Verma challenged his removal in the Supreme Court, which on Tuesday ordered his conditional reinstatement and also asked that the selection committeemeet within a week to review the CVC report on him and decide on his continuation at the CBI.

On Thursday, the committee, comprising Prime Minister Narendra Modi, the Chief Justice of India’s representative justice AK Sikri, and the leader of the single largest opposition party in the Lok Sabha, Mallikarjun Kharge, met, and in a 2:1 decision (Kharge dissented) transferred the CBI director out of the agency.

The comments by Patnaik came amid moves by a few CBI offers to move the Supreme Court, challenging Rao’s orders, scrapping Verma’s orders, which, in turn, had rescinded Rao’s original orders.

“How can their transfers be declared as “non est” (not in existence). All the interim director can do is to cancel their transfers but can declare them as non est?” said an official aware of the move by the CBI officers.

Justice Patnaik’s observations can be crucial, if Verma decides to challenge his ouster again before the top court, legal experts said.