Sanjay Kumar Mishra
IRS (Income Tax), 1984 batch
Director of Enforcement, ED (19 Nov 2018 to 15 Sep 2023); since 1 Apr 2025 full-time member, Economic Advisory Council to the Prime Minister
By the numbers
3 extensions
Nov 2020 (term modified 2 to 3 years), Nov 2021, Nov 2022; plus two court-permitted stays (to 31 Jul and 15 Sep 2023). api.sci.gov.in
2 extensions held illegal by the Supreme Court
Orders of 17 Nov 2021 and 17 Nov 2022. api.sci.gov.in
40 months served past retirement age
About 40 months: superannuation in May 2020 to 15 Sep 2023. indiankanoon.org
67 days from the Supreme Court's no-extension order to the ordinance allowing one
8 Sep 2021 to 14 Nov 2021. api.sci.gov.in
Normal tenure: Section 25(d), CVC Act (before the 2021 amendment): a term of "not less than two years"; his 2018 appointment order was for two years.
The rise, step by step
Each step is solid where two sources carry it, a hairline where one does.
One report
Joins IRS (Income Tax); later serves over eight years in the ED in various capacities.
One report
Appointed interim ED director for three months while a Chief Commissioner of Income Tax, replacing Karnal Singh.
One report
Appointed Director of Enforcement for two years 'or until further orders', while Principal Special Director, ED.
One report
Reaches superannuation age (60) while in the post.
One report
President approves modifying the 2018 appointment order, changing the term from two years to three (to Nov 2021).
One report
Supreme Court upholds the 2020 extension but directs that 'no further extension shall be granted'.
One report
With Parliament not in session, the President promulgates the CVC (Amendment) and DSPE (Amendment) Ordinances, allowing ED and CBI directors' terms to be extended a year at a time up to five years; Fundamental Rules amended 15 Nov 2021.
One report
Office Order No. 238 of 2021 extends his tenure to 18 Nov 2022, on a 15 Nov 2021 recommendation of the CVC-headed committee.
One report
Second one-year extension, to 18 Nov 2023.
One report
Supreme Court holds the 2021 and 2022 extensions illegal, upholds the amending laws, lets him stay to 31 Jul 2023.
One report
On the Union's application citing the FATF review (which sought continuation to 15 Oct 2023), the Supreme Court allows him to continue to 15 Sep 2023 and says no further application will be entertained.
One report
Leaves office at midnight of 15/16 Sep 2023.
One report
Appointed full-time member of the Economic Advisory Council to the Prime Minister (gazette notification).
Cases on the way up
PMLA cases against sitting and former MPs, MLAs, MLCs and political leaders (ED as a whole)
- Role
- Director of Enforcement for most of the period covered
- Outcome
- Rajya Sabha reply, 6 Aug 2024: 132 such cases registered 2019 to 31 Jul 2024 (15, 28, 26, 34, 26, 3 by year); trial completed in 3, one conviction (2020). A later reply (Rajya Sabha Unstarred Q 2007, 18 Mar 2025) put it at 193 cases from 1 Apr 2015 to 28 Feb 2025 with two convictions and no acquittals on merit; party-wise data "is not maintained".
- Where it stands
- Mostly pending trial. As of Feb 2025, two convictions in 193 cases against political leaders since 2015 (Govt reply in Parliament).
What courts and officials said
"…extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases… We make it clear that no further extension shall be granted to the second Respondent."
"The impugned orders dated 17th November 2021 and 17th November 2022 granting extensions to the tenure of the respondent No.2- Sanjay Kumar Mishra for a period of one year each are held to be illegal." The challenge to the CVC and DSPE amendment Acts and FR amendment was rejected.
"In the ordinary circumstances, we would not have entertained such an application." Permitted him to continue to 15 Sep 2023 'taking into consideration the larger national interest'; 'no application for grant of further extension… would be entertained.'
132 PMLA cases against sitting/former legislators and political leaders, 2019 to 31 Jul 2024; trial concluded in 3; one conviction.
The other side
- Solicitor General Tushar Mehta for the Union (2021)
- The extension followed a recommendation of the high-powered committee; Mishra was 'supervising very important investigations which are at a crucial stage'. indiankanoon.org
- Union of India (Jul 2023 application)
- FATF mutual evaluation was under way; continuity of the ED head was needed and 'the country's credit rating is dependent upon the outcome of the said FATF review'. livelaw.in
- Petitioners' counsel (A.M. Singhvi, Prashant Bhushan)
- Argued the Jul 2023 application was 'an attempt to review the judgment… under the garb of seeking an extension', and that the Revenue Secretary, not the ED director, leads on FATF. livelaw.in
- Ministry of Finance (Rajya Sabha answer, 18 Mar 2025)
- "ED takes up the cases for investigation based on credible evidence/ material and does not distinguish cases based on political affiliations, religion or otherwise. Further, the actions of ED are always open to judicial review." sansad.in
Documents
Judgment Common Cause v Union of India (ED director tenure), Sep 2021
We make it clear that no further extension shall be granted to the second Respondent.
Judgment Dr. Jaya Thakur v Union of India, 2023 INSC 616, Jul 2023
Though we have held that orders dated 17th November 2021 and 17th November 2022 granting extensions to respondent No.2 are not valid in law, we are inclined to take into consideration the concern expressed by the Union of India with regard to FATF review.
Order Dr. Jaya Thakur v Union of India, MA Diary 29714/2023, Jul 2023
Respondent No.2 shall cease to be the Director of Enforcement with effect from the midnight of 15th-16th September 2023.
Parliament record Rajya Sabha Unstarred Question No. 2007 (A.A. Rahim): Cases registered by ED, Mar 2025
ED takes up the cases for investigation based on credible evidence/ material and does not distinguish cases based on political affiliations, religion or otherwise.
Order Gazette notification: appointment as full-time member, EAC-PM, Apr 2025
Sh. Sanjay Kumar Mishra, IRS (IT), 1984 (Retd.) is appointed as Full Time Member of the Economic Advisory Council to the Prime Minister (in the rank and pay of Secretary to the Government of India) ... with effect from 01.04.2025(F.N) and until further orders.
Sources
- eacpm.gov.in
- scroll.in
- indiankanoon.org
- api.sci.gov.in
- livelaw.in
- niti.gov.in
- indianexpress.com
- sansad.in
- scroll.in
These are documented facts placed side by side. Nothing here asserts or implies wrongdoing by any officer. Acquittals, dismissed petitions and clean chits are recorded alongside adverse findings. Every source was opened and checked on Oct 2026.
Photo: Economic Advisory Council to the Prime Minister, Government of India, GODL-India