Supreme Court quashes appointment of PJ Thomas as Central Vigilance Commissioner
SC said that the high-powered comittee's recommendation on appointment of Thomas "does not exist in law". Thomas was appointed CVC on Sep 3, 2010.
By Agencies |
NEW DELHI: The Supreme Court on Thursday quashed the appointment of P J Thomas as Central Vigilance Commissioner, saying the recommendation made by the high-powered committee headed by the Prime Minister did not consider the relevant material and as such its advice "does not exist in law".
"We declare that the recommendation made by the high-powered committee is non-est in law. Which means that the recommendations made on September 3, 2010 does not exist in law. Consequently, the appointment of Thomas goes," a bench comprising Chief Justice S H Kapadia and justices K S Radhakrishnan and Swantatntra Kumar said.
The bench severely 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.
"It is the duty of the high-powered committee (HPC) to not to recommend the name of a person who can affect the institutional integrity of the CVC," the bench said, adding the institutional integrity and the integrity of a person holding the post of CVC is the touchstone of the office under the CVC Act.
Apart from the Prime Minister, the high-powered committee consists of Home Minister P Chidambaram and Leader of Opposition Sushma Swaraj.
The court said the HPC failed to consider relevant material against Thomas and the entire focus was on his bio-data and none of the government bodies including the DoPT focussed on larger issue of institutional integrity.
Thomas was Kerala's civil supplies secretary in 1992 when the alleged palm oil scam took place. The palm oil case was registered in 1999, accusing Thomas and others of a criminal conspiracy and causing a loss of Rs.2.32 crore to the state exchequer.
They were accused of importing 15,000 tonnes of palm oil from Malaysia at an inflated price for distribution through fair price shops.
Thomas is a 1973 batch Indian Administrative Service officer of Kerala cadre. He has earlier also served as the telecom secretary.
"We declare that the recommendation made by the high-powered committee is non-est in law. Which means that the recommendations made on September 3, 2010 does not exist in law. Consequently, the appointment of Thomas goes," a bench comprising Chief Justice S H Kapadia and justices K S Radhakrishnan and Swantatntra Kumar said.
The bench severely 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.
"It is the duty of the high-powered committee (HPC) to not to recommend the name of a person who can affect the institutional integrity of the CVC," the bench said, adding the institutional integrity and the integrity of a person holding the post of CVC is the touchstone of the office under the CVC Act.
Apart from the Prime Minister, the high-powered committee consists of Home Minister P Chidambaram and Leader of Opposition Sushma Swaraj.
The court said the HPC failed to consider relevant material against Thomas and the entire focus was on his bio-data and none of the government bodies including the DoPT focussed on larger issue of institutional integrity.
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Thomas was Kerala's civil supplies secretary in 1992 when the alleged palm oil scam took place. The palm oil case was registered in 1999, accusing Thomas and others of a criminal conspiracy and causing a loss of Rs.2.32 crore to the state exchequer.
They were accused of importing 15,000 tonnes of palm oil from Malaysia at an inflated price for distribution through fair price shops.
Thomas is a 1973 batch Indian Administrative Service officer of Kerala cadre. He has earlier also served as the telecom secretary.
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