The Supreme Court will give its verdict on Thursday on petitions challenging the appointment of P.J. Thomas as Central Vigilance Commissioner on the ground that he did not fulfil the criterion of “impeccable integrity” as a charge sheet was pending against him.
On February 10, a three-Judge Bench of Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar reserved verdict on petitions filed by the Centre for Public Interest Litigation and J.M. Lyngdoh and others challenging the appointment of Mr. Thomas.
On Thursday, the judgment is to be pronounced by the CJI.
The petitioners had argued that arbitrariness or mala fide action would vitiate the process of appointment. Since non-circulation of relevant materials before the committee headed by Prime Minister Manmohan Singh had emerged during the hearing of the petition, the appointment of Mr. Thomas should be set aside.
“Clearance given”
The Centre had maintained that there were no standard procedures or guidelines on preparation of the panel of names for appointment of the CVC. In the case of Mr. Thomas, the Central Vigilance Commission had given clearance and on that basis he was appointed Chief Secretary of Kerala. Once a person is appointed Secretary on clearance by the Commission, he could be considered for empanelment and no further inquiry was required.
On behalf of Mr. Thomas, it was argued that mere pendency of a charge sheet could not be held against him. Further, irrespective of placement of all materials before the high power committee, the process of appointment would not be vitiated as the consultation process was independent of the material placed before the panel. The integrity of Mr. Thomas could not be a subject matter of judicial review, it was submitted.
