SC to examine records of CVC’s appointment

Indu Bhan: Financial Express; Tue, 9 Nov 2010

New Delhi;Seeking to examine if the eligibility criteria has been followed in the appointment of the new central vigilance commissioner (CVC), the Supreme Court on Monday asked for records pertaining to the appointment of PJ Thomas, whose name has figured in the Palmoleine export scam. He is also allegedly involved in the cover-up of 2G spectrum scam.

A Bench headed by Chief Justice SH Kapadia said, “We would like to see the file (first)...We want to know whether the eligibility criteria of the outstanding civil servant has been followed or not. This is the touchstone on which the entire matter depends.”

While adjourning the matter till November 8, the court said it would like to see if the consultation process had been followed.

However, attorney general GE Vahanvati refuted allegations as incorrect.

Questioning the CVC’s appointment and his integrity, a couple of petitions filed by civil societies Centre for Public Interest Litigation (CPIL) and Common Cause and former CEC JM Lyngdoh alleged Thomas could not be considered as a person of “impeccable integrity” as he was chargesheeted in the Palmoleine export scam when he was the Kerala food & civil supplies secretary and had secured bail from a local court.

“ The very fact that an officer of such seniority was chargesheeted shows that there was a strong prima facie case and evidence against him. RTI replies from the court concerned have revealed that proceedings against him are still on and he is still an accused. He is out on bail,” the CPIL petition stated.

Besides, he also could not be appointed as CVC on account of ‘conflict of interest’ as till recently he was serving as the secretary in Union telecom ministry and there was allegation that he was involved in the cover-up of the 2G spectrum scam, which has caused a loss of Rs 70,000 crore to the state exchequer, the petition stated.

Alleging that the appointment of Thomas is illegal and void as it violated Section 4 of the Central Vigilance Commission Act 2003, CPIL counsel Prashant Bhushan contended the CVC’s main function was to monitor anti-corruption work and investigations being carried out by the CBI, which was also investigating the 2G scam.

Thomas having served till recently as the telecom secretary and having been allegedly involved in a cover-up of the scam was clearly barred from holding the post of CVC for reasons of conflict of interests.