Supreme Court questions appointment of CVC

Discussion in 'Politics & Society' started by SHASH2K2, Nov 22, 2010.

  1. SHASH2K2

    SHASH2K2 New Member

    Joined:
    May 10, 2010
    Messages:
    5,711
    Likes Received:
    723
    Location:
    Bihar, BanGalore , India
    Another embarrassment for govt as SC questions appointment CVC

    NEW DELHI: The Supreme Court has questioned the appointment P J Thomas as the Chief Vigilance Commissioner. Questioning the appointment the apex court said how Thomas would work as CVC since a chargesheet naming him is pending in a criminal case.

    "Without looking into the file, we are concerned that if a person is an accused in a criminal case how he will function as CVC," a bench headed by Chief Justice S H Kapadia observed after Attorney General G E Vahanvati placed the file in a sealed cover.

    The bench said it will go through the file and posted the matter after two weeks.

    "We will sit together and go through the file," the bench also comprising Justices K S Radhakrishnan and Swatanter Kumar said.

    With a pending chargesheet against P J Thomas, he will find it very difficult to function as CVC, the court said. It also said how an accused in Palmolein import scam can be made to handle such a sensitive post.

    The name of Thomas figures in the chargesheet filed in a palmoleine export case.

    Government had placed in a sealed cover file relating to the appointment of P J Thomas as Chief Vigilance Commissioner in the Supreme Court.
     
  2.  
  3. SHASH2K2

    SHASH2K2 New Member

    Joined:
    May 10, 2010
    Messages:
    5,711
    Likes Received:
    723
    Location:
    Bihar, BanGalore , India

    The Supreme Court Monday asked the central government if Central Vigilance Commissioner PJ Thomas could function effectively in view of various charges hurled against him. The Central Government, represented by Attorney General GE Vahanvati, hit back at the judges saying that if impeccable integrity was the criterion then every judicial appointment would be subject to question.

    The apex court bench headed by Chief Justice S.H. Kapadia wondered if a person who is an accused and facing a chargesheet could head a watchdog body.

    The court asked the attorney general to be prepared to argue the case on these lines when it comes up for hearing after two weeks.

    In the meanwhile, the government has handed over to the court all details regarding Thomas' appointment, including consultations between Prime Minister Manmohan Singh, Home Minister P. Chidambaram and Sushma Swaraj, leader of the opposition in the Lok Sabha.
     
  4. SHASH2K2

    SHASH2K2 New Member

    Joined:
    May 10, 2010
    Messages:
    5,711
    Likes Received:
    723
    Location:
    Bihar, BanGalore , India
    I was not aware of corruption case against Thomas: PM


    NEW DELHI: Prime Minister Manmohan Singh today virtually blamed former MoS (Personnel) Prithviraj Chavan for the fiasco involving appointment of P J Thomas as CVC, saying the note forwarded by him for the selection committee did not have information about corruption case against Thomas.

    Singh told the Rajya Sabha that he was not aware of a charge sheet against Thomas till the meeting of selection committee on September 3 last year and that he gave his approval as he believed vigilance clearance would have been obtained as Thomas had earlier served as Kerala Chief Secretary and Secretary in the Central government.

    At the same time, Singh owned "accountability" and responsibility for the "error of judgement" in appointment of Thomas which has since been struck down by the Supreme Court.

    Responding to clarifications sought by Leader of the Opposition Arun Jaitley and Left members after his suo motu statement, Singh said, "Until I went to the meeting of the committee, I was not aware there was any such case of Palmolein and that would involve corruption."

    He said he became "aware of this case only when the honourable Leader of the Opposition in the Lok Sabha (Sushma Swaraj) raised the issue in the meeting itself."

    Pointing out that the notes for such committees are prepared "under the guidance of Minister of State incharge of the DoPT", the Prime Minister said, "The honest answer is that the note which was prepared by the DoPT ... did not contain this information about charge sheet."

    Chavan, who is now Maharashtra Chief Minister, was the MoS incharge of DoPT at the time of Thomas' selection by the committee headed by the Prime Minister and comprising the Home Minister and Leader of the Opposition.

    Explaining why he still gave his approval to Thomas' name, Singh said, "since the gentleman was appointed Chief Secretary, Government of Kerala and that he was appointed as Secretary to two departments of the government of India, I thought vigilance matters must have been looked into and therefore we went ahead with the selection process."

    Singh, who made such a statement on the CVC fiasco in the Lok Sabha yesterday, reiterated that the selection was an "error of judgement" and he took full responsibility for it.

    Left members were not satisfied with the reply and staged a walkout.
     
  5. intelarpit

    intelarpit Regular Member

    Joined:
    Mar 5, 2011
    Messages:
    16
    Likes Received:
    0
    Location:
    Lucknow
    Logically a person doent become guilty on being accused. However given the sensitivity of the post he was about to handle, PM must have taken into account the pending cases against Thomas. It is hard to believe that PM was not aware or it was not brought into his notice regarding charges pending against Thomas.

    On the other side Supreme Court did a commendable job by declaring his appointment invalid.

    Now he need not resign:D
     
  6. Patriot

    Patriot Senior Member Senior Member

    Joined:
    Apr 11, 2010
    Messages:
    1,760
    Likes Received:
    538
    Location:
    Ahmedabad, Gujarat, India
    Former top cop Kiran Bedi's name forwarded by groups for CVC post

    [​IMG]

    The government is expected to issue an advertisement seeking applications from the general public for the post of the Chief Vigilence Commissioner.

    Kiran BediAlready, the names of many prominent citizens – including Kiran Bedi, a former top cop and the country's first top woman police officer – have been sent to the government by different groups.

    This follows the prime minister's office (PMO) finally clearing the revised set of guidelines to select the new chief vigilance commissioner (CVC) and the process of seeking nominations from different ministries and public sector units has begun.

    Alka Sirohi, secretary, department of personnel and training, said the new guidelines approved by the PMO are in conformity with the apex court's judgement. ''We have written to all ministries and public sector units asking for nominations to the post of the CVC,'' said Sirohi.

    Last month, the Supreme Court had quashed the appointment of former CVC P J Thomas and had directed the government to open up the post to even non-civil servants with experience in banking, insurance, law, vigilance and investigations.

    According to the revised guidelines, civil servants seeking the top post should have an outstanding record and should also have impeccable integrity. The candidate should have 33 years of experience if he or she is part of an all-India service and should not be more than 61 years old.

    A committee of senior officers will initially vet all the applications and the names of those fulfilling the criteria will be sent to the secretary, DoPT.

    After clearances from the Central Bureau of Investigation, the incumbent CVC and the home ministry, the secretary will select five names and forward them to the high-level committee comprising the prime minister, the leader of the opposition and the home minister.

    The Supreme Court guidelines specify that if there is a difference of opinion among the members of the committee, the dissenting member should give the reasons and the majority should also provide the reasons for over-ruling the dissenter.

    The apex court had come down heavily on the government for the appointment of Thomas as CVC, despite objections from leader of the opposition Sushma Swaraj.

    Thomas, an IAS officer, was appointed CVC despite his being named in a palmolein oil scam in Kerala. He was also the telecom secretary when the 2G scam took place.
     

Share This Page