In his dissent note, Kharge said the Supreme Court has said the selection committee should choose a CBI director on the basis of seniority, integrity, and experience in the field of anti-corruption.
He added that the Delhi Special Police Establishment Act also says the committee shall recommend a panel of officers for appointment as director on the basis of seniority, integrity and experience.
Kharge then said in his dissent note that the criteria were however diluted in the selection committee meetings — and that it took into account only the candidates' investigation experience, and not their anti-corruption experience.
In his dissent note, Kharge says Shukla has 117 months of investigation experience but no (see below) anti-corruption experience.
The CBI chief is chosen by a committee comprising the prime minister, the leader of the opposition or the leader of the largest opposition party in the Lok Sabha (in this case Kharge himself) and the Chief Justice of India.
Kharge added in his dissent note that seniority cannot be the only criterion while making an appointment to such a crucial post and that experience in investigating anti-corruption cases should have been very seriously considered.
"One cannot stand by and accept the dilution of norms when appointment to such a critical post is being made," Kharge said in his note. "I record my dissent for aforementioned reasons," he added.
Shukla is at the moment chairman of the Madhya Pradesh Police Housing Corporation. He was before that director general of the MP Police.
Kharge said the selection committee took into account only the candidates' investigation experience