The Supreme Court today quashed the appointment of P J Thomas as Central Vigilance Commissioner. The Apex court upheld that the recommendation made by the high-powered panel did not consider the relevant material and therefore its advice does not exist in law. 60-year-old Thomas, facing a corruption case in a Kerala court relating to Palmolein import scam, resigned immediately after the apex court gave its awaited verdict, just six months after the former bureaucrat was appointed as the 14th CVC. A bench comprising Chief Justice S H Kapadia and justices K S Radhakrishnan and Swatantra Kumar said, the recommendations made on September 3, 2010 does not exist in law. The bench criticised the committee for not considering the relevant material including the pending criminal case against Thomas in the Palmolein import case and the recommendations of the DoPT between 2000-04 for initiating disciplinary proceedings against him. The apex court said that if the selection process adversely affects the institution then it is the duty of the authority not to recommend such persons and in the present case, this vital aspect was not taken into account by the Committee. The court rejected the contention of Thomas and the government that the appointment of CVC cannot be brought under judicial review and said the legality of the recommendation can very much be reviewed by it. The bench also rejected the government's contention that vigilance clearance given by the CVC in 2008 was the basis for empanelment of Thomas as a candidate for the post of the CVC. While observing that the touchstone for the appointment of CVC is the institutional integrity as well as the personal integrity of the candidate, the court said in future, appointments should not be restricted to civil servants alone but people of impeccable integrity from other fields should also be considered. The bench said if there is a dissent note by any of the three members of the high-power panel, it has to be given with sufficient reasons and has to be considered by a majority. Further, the majority should also give reasons for their decision as this will lead to a transparent process in public interest and also inspire public confidence, it said. The bench said, adding the impartiality of the institution has to be maintained which is envisaged in the CVC Act. The court scrapped Thomas' appointment as CVC on a PIL by civil society, Center for Public Interest Litigation (CPIL) and retired bureaucrats and police officials, including former Chief Election Commissioner J M Lyngdoh, challenging his appointment in view of a criminal case pending against him in a Kerala court. Thomas was appointed CVC on September 7 last year. Prime Minister Dr. Manmohan Singh said that he respects the Supreme Court verdict quashing CVC Thomas's appointment. Law Minister Veerapa Moily said that the Prime Minister has done nothing wrong. Reacting to the Supreme Court's decision on CVC, Mr. Moily said that the government will look into the order and rectify procedural things. He however said the government respects the Court's verdict. The Congress said the Law minister has already made it clear that the government will react to the judgement of the Supreme Court on the appointment of CVC only after going through the order. Speaking to reporters outside Parliament, party spokesperson Manish Tiwari declined to comment further saying the CVC has already resigned While, BJP today said that Supreme Court's verdict on P J Thomas's appointment as the CVC is the biggest blow to the UPA government. Speaking to reporters outside Parliament, party spokesperson Rajiv Pratap Rudy termed the decision as historic. He said it vindicates his party's position. Mr. Rudy said the leader of the opposition Sushma Swaraj who is a member in the CVC selection process had opposed the appointment from the very beginning. Senior BJP leader Murli Manohar joshi today said Home minister P Chidambram should take moral responsibility in the CVC appointment issue. Speaking to reporters outside Parliament, Mr. Joshi said as the head of the committee appointing the CVC, Chidambaram should have presented all the facts regarding P J Thomas. He said government has committed an avoidable mistake. CPI(M) leader Sitaram Yechury said that the matter does not end with the resignation of CVC. Mr. Yechury said government must answer how the appointment was made despite so much opposition. CPI today termed the verdict of the Supreme Court on the cancellation of appointment of CVC as another blow to the central government. Talking to reporters outside Parliament, CPI leader Gurudas Dasgupta said the government has lost its credibility and the Prime Minister appears to be disrespectful to the people of the country.
News On AIR | March 3, 2011 1:44 PM
SC quashes appointment of Thomas as CVC