The reason for surprise in official circles is that exactly a month ago on September 27, an official order announcing the repatriation of then ED Jt. Director Satyabrata Kumar had said, “this has the approval of Hon’ble Finance Minister”. Since, in such matters, the name of a Minister is never mentioned, it was seen as rather 'mysterious', though, of course, the order has merely complied with the procedure started off in the then repatriation case of Kumar.  

What reversed the government's earlier decision in just 30 days? Why was it reversed?  

Indeed, a month ago, the  Finance Minister Nirmala Sitharaman’s approval of the order dated 27.09.2021 notifying the abrupt repatriation of Enforcement Directorate’s Joint Director Satyabrata Kumar had taken everyone by surprise. Some officials were tempted to view the development in the backdrop of similar abrupt repatriation of ED’s Mumbai Special Director Sushil Kumar (IRS IT) in the first week of July 2021 to his parent cadre though there were no similarities in the two cases.

Reportedly, the parent department, Department of Revenue (DoR), had originally recommended for Satyabrat Kumar’s extension in tenure beyond seven years but the Department of Personnel & Training (DOPT) had some reservations citing deputation and tenure rules. When told that a top political authority too was keen on Kumar’s extension, the DOPT had stressed that the recommendation should have the minister’s endorsement in case it was of such importance.

Officials point out that once the FM rejected the proposal to promote and extend Kumar's services, the DoR had no option but to refuse extension and revisit its initial plan of placing Kumar’s candidature before the committee headed by CVC for promotion in the rank of Additional Director.

Further, sticking to the rule of a maximum of seven years deputation tenure the DoR had advised ED to immediately relieve Kumar from all responsibilities including the cases pertaining to coal block subject to Supreme Court’s opinion on the same.

That Kumar has earned certain credentials has been known for some time.

In April 2019, the center had removed ED special director Vineet Agarwal who had on his own relieved Satyabrata Kumar citing his five years term of appointment to the post. It may be underlined that Kumar joined ED as JD (Mumbai Zonal Office) in March 2015.

It was then rumored that Agarwal had paid the price for relieving Kumar who was then the investigating officer in charge of the Nirav Modi case, without following due procedure and without consulting the Delhi Headquarters. Interestingly, ED and DoR then chose to retain Kumar by giving him a further two-years’ extension which he apparently completed last month which resulted in the office order dated September 27, 2021.

But, then, on possible reconsideration, his performance as an investigator was reassessed and was possibly found of creditable value. Hence, probably, the reversal of the decision on his promotion and continuation.