SC again questions appointment of Thomas as CVC
03 Feb 2011
The Supreme Court today once again questioned the government on the appointment of P J Thomas as the Central Vigilance Commissioner (CVC), saying that vigilance clearance for Thomas's appointment cannot dim the fact that a chargesheet is pending against him in the palmolein import scam and that the Kerala government gave sanction for his prosecution.
The apex court said that given the sensitivity of the post of CVC and the requirement that he should function without fear and favour, one cannot ignore the fact that there is a Kerala high court judgement upholding the chargesheet against all accused, including Thomas. It asked whether the vigilance suggestion to withdraw prosecution against Thomas could be ever treated in law as binding.
The centre had argued that once the vigilance clearance was given, it did not feel the need to consider any other issue in judging Thomas's suitability for the post.
In reply to the court's question whether a pending chargesheet is a stigma affecting the suitability of a person to a post like CVC, the centre said it's a grey area, but the mere filing of chargesheet was not a stigma.
The centre however conceded that Thomas's bio-data before the selection panel did not disclose his tenure as food and civil supplies secretary, during which in 1990-91 the palmolein import scam took place.
The apex court was hearing a public interest litigation (PIL) challenging Thomas' appointment. It asked the union government if Thomas' service file was considered by the prime minister's panel that appointed him and if that file had any details of the palmolein case.
