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Thursday, March 3, 2011

SC strikes down CVC PJ Thomas' appointment





New Delhi: The Supreme Court on Thursday struck down Central Vigilance Commissioner PJ Thomas' appointment dealing a major blow to the Congress-led United Progressive Alliance Government.
A three-judge bench headed by the Chief Justice of India SH Kapadia delivered its verdict on a Public Interest Litigation (PIL) that sought Thomas' removal from the position of CVC, the country's topmost anti-corruption watchdog.
The apex court observed that Thomas is a person who is tainted as he was an accused in the palmoline export scam in Kerala. The Supreme Court said that the high-powered committee's recommendation on appointment of Thomas "does not exist in law". The committee, for whatsoever reason, failed to consider relevant material recommending action against Thomas, the court observed.
The court also rejected the Central 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.
The court also rejected the Government's argument that the CVC's appointment was not under the jurisdiction of the court and added that future appointments to the post should not be restricted to civil servants alone; that people of impeccable integrity from other fields should be considered as well.
The apex court said, "touchstone for the appointment of the CVC is the institutional integrity as well as the personal integrity of the candidate."
Law Minister Veerappa Moily said that Thomas had resigned.
Leader of Opposition Sushma Swaraj, who had vehemently opposed Thomas's appointment as the CVC, tweeted soon after the Supreme Court order, "dignity of CVC office restored."
The Bharatiya Janata Party (BJP) said that verdict puts a question mark over the credibility of Prime Minister Manmohan Singh.
"It's a huge blow to the credibility of the Prime Minister. He is personally culpable because he was party to the wrong decision," said senior BJP leader Yashwant Sinha.
"This is the biggest blow to UPA, to Manmohan Singh, to Sonia Gandhi and the Congress government," said another BJP leader Rajiv Pratap Rudy.
The PIL had claimed that Thomas was not a person of impeccable integrity.
However, Thomas had defended himself even though he was chargesheeted in the palmoline export scam while serving as Kerala's secretary in the state's Ministry of Food and Civil Supplies.

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