March 3, 2011 11:23 AM

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SC quashes appointment of Thomas as CVC

The Supreme Court has quashed the appointment of P J Thomas as Central Vigilance Commissioner. The Apex Court said that the high-powered committee’s recommendation on appointment of Thomas does not exist in law. It said, the committee, for whatsoever reason, failed to consider relevant material recommending action against Thomas. The court rejected 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 CVC. Supreme Court said, the committee and no government authority focussed on larger issue of institutional integrity of the office of CVC while recommending the name of Thomas. It said, the touchstone for the appointment of the CVC is the institutional integrity as well as the personal integrity of the candidate. The court said, any future appointment should not be restricted to civil servants alone but people of impeccable integrity from other fields should also be considered. Apex court rejected the contention of Thomas and the government that the appointment of the CVC cannot be brought under judicial review. Supreme Court said, legality of the recommendation can be brought under judicial review.

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