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Thursday, March 3, 2011

Supreme Court strikes down P J Thomas as vigilance chief


The Supreme Court on Thursday quashed the appointment of P J Thomas as the Chief Vigilance Commissioner, thereby answering decisively the question over his eligibility to sit on that chair since he faces a criminal case in Kerala.

In what comes as an embarrassment for the UPA government, the court said the recommendation made by the Prime Minister's high-powered committee to appoint Thomas did not consider the relevant material (case against him) and as such its advice “does not exist in law”.


The Bench of Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatantar Kumar also ignored a desperate plea from Thomas himself that he was a man of 'impeccable integrity'.


The Supreme Court was extremely critical of the Prime Minister's panel that appointed Thomas to the post overruling strong opposition from its only BJP member Sushma Swaraj.


The apex court said the PM panel's appointment of Thomas was against the 'institutional integrity' that the CVC stands for. The court said the panel's choice amounted to 'official arbitrariness'.


The apex court was scathing in its observation that the PM panel's recommendation was not an 'informed decision'.


The court observed: “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 Thomas goes."


The court also observed: "The high-powered committee has to take into consideration what is good for the institution and not for the candidate. The touchstone is public interest.”


The court further said the CVC is a "high integrity institution". "If selection affects institutional competency, it was the duty of the high-powered committee to not recommend such a candidate," the Bench observed.


The court said the committee failed to consider relevant material against Thomas and the entire focus was on his bio-data and that none of the government bodies focussed on the larger issue of institutional integrity.


The Bench severely criticised the committee for not considering the relevant material, including the pending criminal case against 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.


The court rejected the contention of Thomas and the government that the appointment of CVC cannot be brought under judicial review and said the legality of the recommendation can very much be reviewed by it.


The Bench also rejected the government's contention that vigilance clearance given by the CVC in 2008 was the basis for empanelment of Thomas as a candidate for the post of the CVC.


While observing that the touchstone for the appointment of CVC is the institutional integrity as well as the personal integrity of the candidate, the court said in future, appointments should not be restricted to civil servants alone but people of impeccable integrity from other fields should also be considered.


The Bench said if there is a dissent note by any of the three members of the high-power panel, it has to be given with sufficient reasons and has to be considered by a majority.


Further, the majority should also give reasons for their decision as this will lead to a transparent process in public interest and also inspire public confidence, it said.


The Bench said, "It is surprising that there were notings by the DoPT between 2000 and 2004 and all observed that penalty proceedings be instituted against Thomas. Such notings were not considered in the case of Thomas, who was given the CVC's clearance on September 6, 2008.


"No reference of such notings made between 2000 and 2004 is there. Therefore, on personal integrity, the high-powered committee did not consider the relevant material."


"We are concerned with the institution and its integrity but not with the individual," the Bench stressed, adding the impartiality of the institution has to be maintained which is envisaged in the CVC Act.


A PIL filed by an NGO, Centre for Public Interest Litigation (CPIL) and retired bureaucrats and police officials, including former Chief Election Commissioner J M Lyngdoh, had challenged Thomas' appointment to the post in view of a pending criminal case against him in a Kerala court.


Thomas was appointed CVC on September 7 last year.


Thomas has contested the PIL contending that he was appointed to the post in view of the vigilance clearance given to him before his appointment as Secretary in the Union government.


Further, the embattled CVC had said the corruption case pending against him in the Kerala Court was a result of political rivalry between former Chief Minister K Karunakaran and present Chief Minister V S Achuthanandan.


The petitioners had contended Thomas cannot be considered as a person of "impeccable integrity" as a chargesheet was filed against him in palmolein import scam when he was a secretary in the Kerala Ministry of Food and Civil Supplies. He had secured bail from a local court.


The petitioners also said he could not be appointed CVC on account of "conflict of interest" as till recently he was serving as Telecom secretary and that there was the allegation that he was involved in an alleged "cover-up" of 2G spectrum scam.






P,J.Thomas
By: Dr.A.Padmanabhan | Thursday , 3 Mar '11 12:49:08 PM
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I dont know if Mr. PJ Thomas is a corrupt man or not. But most of our politicians are corrupt and many of the Cabinet decisions made both in the states and centre are of dubious intent. Is the message now sent out that the Cabinet Secretaries and Chief secretaries need not sign on the order unless they are also convinced the cabinet decisions are above board. If a chief Secretary refused to sign a Cabinet decision will the Supreme court come to his rescue?
PAAH!!
By: Sudhir P, Gurgaon | Thursday , 3 Mar '11 12:34:03 PM
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I don't understand why are there so many protests against this UPA government. In the last 6-7 years there may have been scams, inflation going up beyond 25% and government saying they are helpless, foreigners being preferred over Indian companies etc - so what? These things happen everywhere. Moreover, the entire opposition, including BJP, BJD, AIADMK, Left, SP, LJD etc, are behaving like a responsible opposition by not bring down the government because, the government has another objective to fullfil, in which the entire opposition is supporting the government. THE OBJECTIVE IS THAT 99 % OF THE POPULATION, EXCLUDING INDUSTRIALISTS, BUSINESSMEN, UPPER CLASS, MUST HAVE THE PAUSHTIK PEELI MATAR DAL. JAI HO PEELI MATAR DAL KI.
Jai Supreme court
By: Ravi | Thursday , 3 Mar '11 12:32:30 PM
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Right decision. Can't see how the govt could uphold the need for unquestionableness of the position, considering what it stands for. The fact of Thomas being guity or otherwise does not arise at all, since this position assumes that the person be seen guilty unless proven otherwise.
and they all fall down..............
By: conscience | Thursday , 3 Mar '11 12:31:15 PM
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The great (maybe greatest?) GOI could only find Mr Thomas - there was not a single honest man they could locate in the whole country!!! What a fine state of affairs for the 2nd most populous country in the world. What kind of filters and lenses do these people - who happen to be our representatives - use for the selection process?? Lenses specially coated with corruption manufactured especially for politicians and babus.....
wait and see further
By: amoghavarsha.ii | Thursday , 3 Mar '11 12:31:06 PM
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look at this senario, in comming days, if SC decides that PJ thomas is not guilty (even remotely ) in Palmolive case and 2G scam. what will happen to this court order. Will SC review this Order???? Will PJ thomas (honest or not) will get back his post of CVC which is a high in his career? We all know SC has made innumerable mistakes previously and not even appologised? By the time the sole loser in this would be PJ tomas and to some extent people for not using good officers. SC will lose nothing, nothing and nothing will continue to be alof.
Namjoshi
By: Purushottam | Thursday , 3 Mar '11 12:28:43 PM
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Good bye Thomas. Dear Thomas, It was very unfortunate for you that you had to go unceremoniously. This is India. To involve one self with a woman or a politician is one and the same thing. Why you waited till verdict from Apex Court. You had been the Chief Secretary of Kerala state and Principal Secretary of the Union government and could have heard the foot falls of time and ought to have resigned long back. But you were made scapegoat by the Congress whole sole, P.M. and Home Minister. Really they were kidding with you. We understand that you might not be greedy about that post but you spoiled your image by remaining on that post till your appointment was not declared illegal. Though heaven falls on some one but he should never be a puppet in any one%u2019s hand. Have always manliness. Now you wait for few days to get ticket for Rajaya Sabha so that you will be elected member of the Upper House and will be more powerful also. You will get a berth in the cabinet as elections in kerala are not far away. Congress always advocates following policies and principles of Mahatma Gandhi that not only aim but means should also be pious and fair. But in fact it has nothing to do with Gandhiji%u2019s policies and principles as to get votes are the only object. Since you belong to Kerala Congress may think that you it may get votes if you become a minister. Wish you to be so. No fault with you, sometimes a man becomes Penny wise Pound foolish. May be so but take advantage of every situation and get rewarded as there are so many persons of vested interest who can reward you. All the best wishes to you as a gentle man.
Own RESPONSIBILITY
By: Dr. M K Sridhar | Thursday , 3 Mar '11 12:28:14 PM
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Thank God, sanity has been restored finally by the Supreme Court. For 6 months Mr. Thomas held the highest post of vigilence without required legality. No amount of justification like majority decision, political vindictiveness stood the test of law. If some probity and decorum are still left, PM and HM should own responsibility for the fiasco and resign. Or is it too much to expect?
Supreme Court should give general direction to all public sector undertaking for giving a report on promotions as per seniority
By: S.Jaganathan | Thursday , 3 Mar '11 12:25:06 PM
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Political parties fight for big position like this. See the position of officers in Public sector undeetakings are treated like slaves as no god father is there for them. If Supreme Court interfears, fairness can be ensured.
Wisdom at last!
By: Sreekumar, Varathra | Thursday , 3 Mar '11 12:19:15 PM
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Kudos to IE for taking a bold stand in the issue. P J Thomas goes, but he is not guilty in this matter (he is alleged to be guilty only in Palmolien case). Who is the guilty and who should resign, then? What about the "impeccable integrity" of those who chose him? What action is possible to re-build the trust of the people on those highest offices which are directly involved in the decision to appoint a tainted person as CVC? Or, shall we, as usual, forget everything and get along indulging in growth rate euphoria?
CVC
By: Vijendra | Thursday , 3 Mar '11 12:15:13 PM
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Thank god, we have supreme court to monitor these politicians misdeeds. Atleast now the Prime Minister wake up to his image of cleanlyness, and start thinking as an Indian, and not to obey the orders of Italian.


Overreaching by the Supreme Court
By: Gautam Fotedar | Thursday , 3 Mar '11 12:10:46 PM
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Although the appointment of P J Thomas as CVC was not wise, the SC's decision to quash the appointment is not appropriate either. It is a clear violation of division of powers. The SC is over-reaching. The SC is interfering in a decision that can be made only by elected representatives of the people.
Congress (UPA) and Art of Corruption...
By: manch | Thursday , 3 Mar '11 12:08:35 PM
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It only proves Congress (and it allies like Pawar) will go to any extent to perpetuate corrupt practices by planting their "own men" at key posts to cover up their grand stealing. They badly needed person like Thomas whom they can blackmail to follow their corrupt orders and deeds. God willing, soon true story behind 2G Scam, CWG scam, Sharp hike in food prices, Brewing Cricket scams, Congress' role in Bhopal Gas etc. (just too many to enumerate) will be out. This will be a very good thing for common man when the politicians of this country (including BJP and others) will know that they cannot get away after looting the nation and treating the nation as their fiefdom.
cvc
By: narendran | Thursday , 3 Mar '11 12:05:58 PM
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Next.
CPIL and CVC
By: Amrita | Thursday , 3 Mar '11 12:04:31 PM
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The learned bench has dwelled on some key issues, appointment inspite of strong objections, the need to ensure institutional integrity and the touchstone being public interest. I hope that the UPA government listens carefully cos the man and woman on the street is happy hearing this.Maybe greater care will be taken next time. The courts are having to intervene in all kinds of matters which do matter to the general public even if they are seemingly at a distance. Thank you centre for public interest litogation for that PIL.
Slap on the face of the Govt.
By: H.R. Sreepada Bhagi | Thursday , 3 Mar '11 12:04:03 PM
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The SC judgment is a slap on the face of the PM & UPA Govt. Role of the Congress President should also be probed in this regard. Why a high powered committee was required to select a tainted person to head an organisation, which is there to ensure the system is clean and if not, to clean the system itself. It's a shame on the clean PM & his team. In the meantime the SC should also look in to why the decade old case is still pending against the CVC in a Kerala court.
slap on the face of government
By: SMNAHAR | Thursday , 3 Mar '11 11:59:16 AM
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THIS APPOINTMENT WAS WAITING THIS FATE FROM LAST SEVERAL MONTHS.THE COURT HAD GIVEN A GOOD ENOUGH TIME TO RECTIFY THE FOLLY BUT THE GOVERNMENT AND IT`S MASTER WERE NOT ONLY ARROGENT BUT WERE NOT ASHAMED FOR THEIR DEADS.THE WHOLE OF INDIA WERE SEEING THIS DRAMA, WERE CONFIDENT OF WHAT THE LEGISTATURE CAN NOT RECTIFY IT WAS THE COURT ,WHO IS SUPREAME AND STILL UNCURREPTED,CAN PUT THESE PEOPLE ON RIGHT PLACE.THIS IS THE FIRST SLAP ON THE FACE OF THIS CURRUPT GOVERNMENT. PLEASE WAIT FOR THE SAME TREATMENT IN MANY A SCHAMES,WHICH ARE GOING IN THIS SAME MANNER.JAI-HIND
shame on congress !!
By: anand | Thursday , 3 Mar '11 11:55:00 AM
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this is the best ruling by the honest and honorable judges of the supreme court, may god bless them, my faith in the idea of india is regained, i also thank the opposition leader Mrs. Swaraj on her persistent and dogmatic efforts on the PJ Thomas issue, may god bless her !! we the people of india are overjoyed by this decision, now PJ Thomas should be jailed, i am also sure that he was a main player in the 2G scam !!
C V C
By: R C Desai | Thursday , 3 Mar '11 11:52:13 AM
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Thank God we have an indepedent Judiciary. one more Certificate(!) to our Prime Minister and Congress. What have you to say Mr. DigvijaySinh?
good steps of the SC to quash the Thomas' appointment
By: vegan inc NGO | Thursday , 3 Mar '11 11:40:54 AM
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to appreciate the SC as well as also slap an assets enquiry
mr. manmohan you are a shame for this country
By: ramachandran | Thursday , 3 Mar '11 11:38:47 AM
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In every aspect mr. manmohan ssingh government is proving that it is the biggest shame for this country. a corrupt team can appoint only corrupt people. in the case of spectrum raja, former chief justice of india mr balakrishnan and now mr thomas. mr manmohan singh should quit his post by taking moral responsibility of every corruption cases and irregularity of his time. OR THE PUBLIC SHOULD REACT LIKE IN EGYPT, TUNISIA OR IN LIBYA.

An historic decision
By: vishwas | Thursday , 3 Mar '11 11:38:23 AM
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This is a confirmation that the UPA government has reached a new low in its moral standing. By willfully appointing and pushing a person who would have diluted the position of the CVC, the UPA showed its arrogance and lack of concern for clean governance. The silver lining on this dark cloud is the sliver of hope remaining in the supreme court - which itself has been marred badly by the actions of its previous chief justice.
WISHES
By: THAHIRALI POROPPAD | Thursday , 3 Mar '11 11:38:06 AM
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I THINK TOO LITE ITS OK WISH U ALL THE SUCCESSES
The Prime Minister should take moral responsibility and resign
By: KSV SUBRAMANIAN | Thursday , 3 Mar '11 11:37:05 AM
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The Prime Minister and the Home Minister were adamant on appointment of tainted Thomas despite strong objection by the opposition member in the selection committee. If they have any probity in public life and honesty left in them they should also resign as the decision of Supreme Court is also an indictment of their act in appointing Thomas overruling the objection of opposition member. There is every reason to suspect the motive in the appointment of Thomas as the government is totally engulfed in several corruption charges of gigantic proportion which they want to cover up by hook or crook so that the plundering of the nation can be continued without any let or hindrance.
Another Slap
By: Vijaya Dar | Thursday , 3 Mar '11 11:35:13 AM
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Another slap on the face of our PM of the so-called unquestionable "integrity".I wonder how many such slaps are required to wake him up from his Kumbhakaran like slumber. The country is in the hands of a Ravana, this time disguised as a woman, and she has a much larger horde than the monkey army of the opposition. Ram Rajya is a distant and unattainable goal in this Maha Kaliyug.
Who cares
By: shyam | Thursday , 3 Mar '11 11:27:56 AM
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PJ Thomas represent the powerful catholic church in Kerala . With the church help the UPA has won last Parlementry election .UPA has suceeded in dividing Kerala -The most progressive state in India, communaly Appointing PJ thomas as CVC as a note of thanks for the Church . Who care for if he is corrupt or note . We just need votes for the coming Assembly election .
Shameless Thomas
By: N Kumaraswamy | Thursday , 3 Mar '11 11:26:41 AM
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Will the shameless CVC,Thomas,quit now or wait till he is forcibly confined to Tihar Jail?Hon Supreme court assures this nation that it will protect the innocent people from criminals and incompetent but selfish politicians like the sardarji,our spineless PM and the cunning HM,Chidambaram,. Hail Supreme court.
SC on CVC appointment
By: Ramesh | Thursday , 3 Mar '11 11:24:06 AM
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If some shame and honour is still left, then this PM should quit immediately
B
By: Rajan | Thursday , 3 Mar '11 11:22:46 AM
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PM should go owning ethical & moral responsibility if he has any ethic & moral left in him.
Supreme Court strikes down P J Thomas as vigilance chief
By: ARVIND KUMAR | Thursday , 3 Mar '11 11:08:54 AM
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It is shameful for both the UPA government and Congress party. They have appointed Mr Thomas as CVC despite reservations from the leader of opposition.
CVC
By: Girish Pillai | Thursday , 3 Mar '11 11:07:33 AM
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This shows how weak and inefficcient and insincere our PM and Mr. Chidambaram is in reality.They wanted PJ Thomas to cover up scandals and scams. It is ridiculus for PM to continue as PM and UPA to continue ruling India. Shame !!!!


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