SC issues notice to CVC

But heat diffused, as next hearing well away.

The Supreme Court on Monday issued a notice to Chief Vigilance Commissioner P J Thomas on a petition challenging his appointment to the post as he was charge-sheeted in a Palmolein import scam while serving the Kerala government. The final hearing will take place on January 27.

Chief Justice S H Kapadia, heading a division bench, returned the files regarding his appointment to Attorney General G E Vahanvati. The three judges who heard the case told counsel they had examined the documents.

This means there will be no immediate decision in the case. The petition will be heard in detail late next month and a judgment delivered some time thereafter. Thus, the court has practically diffused the heat which was building up for some weeks.

According to the petition moved by the Centre for Public Interest Litigation, Thomas cannot be considered as a person of “impeccable integrity” as he was charge-sheeted in the Palmolein import scam when he was Secretary in the Kerala ministry of food and civil supplies and had secured bail from a local court.

Counsel Prashant Bhushan contended the court must quash his appointment, as he did not fulfil the criteria of “outstanding civil servant” or “impeccable integrity”. There was also “conflict of interest”, as till recently he was serving as secretary in the communications ministry, which is facing charges of corruption in the allocation of 2G spectrum. He is accused of cover-up in the selection of telecom players during the allocation process.

Moreover, according to a government office memorandum of 1992, promotion of officers against whom a departmental enquiry or charge sheet is pending is withheld and not granted. The Supreme Court has also held that persons against whom corruption charges are pending must not be appointed to any sensitive position, Prashant Bhushan said.

He contended that there was violation of Section 4 of the Central Vigilance Commission Act as the prime minister and the home minister insisted on his name despite objection by the leader of the Opposition, which shows the government had decided in advance to appoint him.

During the last hearing, the judges had raised serious doubts over Thomas' appointment and continuance as CVC. They had observed that Thomas himself might feel embarrassed due to the criminal case pending against him, as in every case he has to deal with CBI.