High Court says it cannot hear the petition against the order of Supreme Court
The Delhi High Court on Tuesday dismissed as withdrawn a petition by the former Central Vigilance Commissioner, P.J. Thomas, seeking a direction to the government to dispose of his representation to the President to refer the Supreme Court ruling, which declared the recommendation of the high-power committee to appoint him CVC illegal, to a five-judge Bench of the court.
Justice Rajiv Sahai Endlaw dismissed the petition when counsel withdrew the plea.
The petition was withdrawn when Justice Endlaw observed that the High Court could not hear the petition against the order of the Supreme Court as it would amount to flouting the norms of judicial hierarchy.
Justice Endlaw further said that the petitioner could move the Supreme Court for a review of the judgment.
The government had cancelled the appointment of Mr. Thomas as CVC after the Supreme Court judgment in March.
The petitioner argued that the Supreme Court did not have the jurisdiction to remove a CVC unless the President made a reference to it.
“Once a person takes the oath of office as Central Vigilance Commissioner and acts in that capacity, he can be removed only according to the procedure established by law. The procedure established by law is Section 6 of the CVC Act which clearly says that the Supreme Court can act only on a reference from the President of India in the matter of removal of a CVC if there is a complaint for his or her removal,” the petitioner submitted.