The court scrapped Thomas' appointment as CVC on a PIL by civil society.


The Supreme Court on Thursday quashed the appointment of P.J. Thomas as Central Vigilance Commissioner, saying the recommendation made by the high-powered committee headed by the Prime Minister did not consider the relevant material and as such its advice “does not exist in law“. “We declare that the recommendation made by the high-powered committee is non-est in law. Which means that the recommendations made on September 3, 2010 does not exist in law. Consequently, the appointment of [Mrsing Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swantatntra Kumar said.The Bench severely criticised the committee for not considering the relevant material, including the pending criminal case against Mr. Thomas in the Palmolein import case and the recommendations of the Department of Personnel & Training (DoPT) between 2000-04 for initiating disciplinary proceedings against him.
“It is the duty of the high-powered committee (HPC) to not to recommend the name of a person who can affect the institutional integrity of the CVC,” the bench said, adding the institutional integrity and the integrity of a person holding the post of CVC is the touchstone of the office under the CVC Act.

Posted By: Divyanshu Bhard