Alok Verma
The verdict came on a plea of NGO, Common Cause, which had challenged the appointment of Rao as interim CBI director.
According to the officials, this non-compliance of the directive amounted to violation of service rules for all India services officers.
He is the third judge to have recused himself, after Chief Justice of India Ranjan Gogoi and Justice AK Sikri.
The matter is listed for hearing tomorrow before another bench.
Gogoi said he cannot hear the plea because he would be part of the committee meeting to select the next CBI director.
Asthana has been transferred to the Bureau of Civil Aviation Security, reports said.
Kharge has also asked the PM to convene a meeting of the selection committee immediately to appoint the new CBI chief.
Apparently stung by the controversy, Justice Sikri has withdrawn his consent to the government offer.
The Congress alleged that CVC KV Chowdary is being made to “act like a puppet” to avoid any probe into the Rafale case.
Justice Sikri was part of the three-member panel along with the prime minister and senior Congress leader Mallikajurn Kharge which on Thursday decided on removal of Verma from the post of CBI Director.