The Delhi High Court on Thursday declined to grant the sacked Chief Vigilance Commissioner, P. J. Thomas, an urgent hearing on his petition seeking a direction to the government not to proceed with the appointment of a new officer to head the vigilance body before his representation to the President was disposed of.
In his March 16 representation, Mr. Thomas requested the President to refer the Supreme Court judgment, which held his appointment as CVC illegal, to a five-judge Bench for examining the legality and validity of the verdict.
When counsel for the petitioner, Wills Mathews, mentioned the matter before the High Court, a Division Bench of Justices Vikramjit Sen and Mridul said there was no need for an urgent hearing.
Since a new CVC had taken oath of office on Thursday, the court would only hear the legality of the petitioner's representation.
The petitioner has not sought a stay on the appointment of the new CVC.
The government cancelled the appointment of Mr. Thomas as CVC after the Supreme Court ruling in March.
Counsel for the petitioner told The Hindu that he would file the petition in a couple of days after clearing the objections raised by the Registry. He said it was likely to come up for hearing next week.
The petitioner said the Supreme Court did not have the jurisdiction to remove a CVC unless the President made a reference for it.
“Once a person takes the oath of office as Central Vigilance Commissioner and begins to act in that capacity, he can be removed only according to the procedure established by law. The procedure is contained in Section 6 of the CVC Act, which clearly says the Supreme Court can act only on a reference from the President in the matter of removal of a CVC if there is a complaint for his or her removal,” the petitioner said.
