Thomas as CVC: Centre tells SC to back off
18 Jan 2011
The union government on Monday has defended before the Supreme Court the appointment of P J Thomas as head of the Central Vigilance Commission, arguing in effect that it was an executive decision and the court had no locus standi to interfere in the matter.
The centre told the Supreme Court in an affidavit that his track record made Thomas ''fully eligible'' for the post, and the ''question of (his) suitability'' and integrity was strictly the domain of the appointing authority, outside the purview of the Supreme Court in a judicial proceeding.
A Bench led by Chief Justice of India S H Kapadia is scheduled to decide Thomas's fate on 27 January.
The government also told the court that there will be no conflict of interest in Thomas supervising the probe into the 2G scam merely because he had served as secretary in the Department of Telecom. However, Attorney General G E Vahanavati had earlier told the court that Thomas had decided to recuse himself from supervising 2G scam.
The bio-data of Thomas would show that he is duly eligible under CVC Act, 2003, to be appointed as the Central Vigilance Commissioner, the affidavit said.
''The question of suitability of a candidate is squarely the domain of the appointing authority. The argument about suitability cannot be raised in judicial proceedings'', it said.
The Centre turned down allegations of Thomas being a person not having impeccable integrity. ''It is respectfully submitted that the officers at the level of secretary to the government of India are outstanding officers of impeccable integrity who are selected through a rigorous selection process,'' said affidavit.
