Appointment of PJ Thomas as CVC “illegal”: Supreme Court

03 Mar 2011

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New Delhi: The Supreme Court on Thursday set aside the controversial appointment of PJ Thomas as head of anti-corruption body Central Vigilance Commission, terming it ''illegal'', and also laid down stringent guidelines for future appointments to that office. The judgement comes as a body blow to a beleaguered government already reeling under the pressures generated by multiple scams.

PJ ThomasIt may be pointed out that the three man committee that looks into the appointment of the CVC is composed of the prime minister, the leader of the opposition, in this case Sushma Swaraj, and the home minister.

The opposition leader had categorically rejected Thomas's candidacy and had asked the government to appoint any person other than him. For some unexplained reason the government persisted with Thomas's candidacy invoking its two-to-one majority in the appointments committee.

The Court set aside the 3 September 2010 recommendation for appointment of Thomas as CVC as 'illegal' since, it said, the high-powered committee did not consider the pending charge sheet in the 'Palmolein import' scam.

It also said that the committee's recommendation on appointment of Thomas "does not exist in law". It also said that the committee, for whatsoever reason, failed to consider relevant material recommending action against Thomas.

It said that Thomas failed to qualify because of pending cases and several recommendations in official files for the initiation of disciplinary proceedings against him.

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