NGO Common Cause files PIL in SC challenging the appointment of CVC and VC as being in violation of SC guidelines

A PIL has been filed in the Supreme Court challenging the appointment of Mr. K.V. Chaudhary as the Central Vigilance Commissioner and Mr. T.M. Bhasin as the Vigilance Commissioner as being “illegal and arbitrary”.The PIL has been filed by the NGO, Common Cause; Admiral L. Ramdas- former Chief of Naval Staff; Dr. E.A.S. Sarma- former Secretary of Government of India; Mr. Ramaswamy R. Iyer- former Secretary, Government of India, Dr. B.P. Mathur, Former Deputy CAG and Shri S. Krishnan, former member, Department of Posts.The petitioners have claimed that there was complete non-transparency on the part of the Central Government in making the appointment of the CVC and VC. “There was no system followed and there was no scope for public inputs,” claim the petitioners who have further submitted that the representations, inputs and complaints made against the proposed appointments were not duly considered.The Petitioners also claim that the appointments “violate the principles of ‘impeccable integrity’ and ‘institutional integrity’ laid down in the landmark judgments of this Hon’ble Court in Vineet Narain case (1998) 1 SCC 226 and Centre for Public Interest Litigation (CPIL) case (2011) 4 SCC 1.”In the CPIL case, the Apex Court had found and held that the recommendation of the selection committee to the President for appointment of the then CVC was non est in law. This was so held since the Court found that the appointment would dilute the integrity of the statutory institution of the Central Vigilance Commission. It was held that the test is whether the individual would be able to perform his duties.The Court further passed important directions to be followed for selection of the CVC. For the appointment of Chief Vigilance Officers (CVOs) in various departments/ministries who work under the supervisory and administrative control of the Central Vigilance Commission, the Commission requires that they must have “unblemished record” of service.In Vineet Narain case the Apex Court had directed that “The Central Vigilance Commission shall be given statutory status. Selection for the post of Central Vigilance Commissioner shall be made by a Committee comprising the Prime Minister, Home Minister and the Leader of the Opposition from a panel of outstanding civil servants and others with impeccable integrity to be furnished by the Cabinet Secretary. The appointment shall be made by the President on the basis of the recommendations made by the Committee. This shall be done immediately.”In CPIL case, the Apex Court had issued inter alia the following directions:“(iii) All the civil servants and other persons empanelled shall be outstanding civil servants or persons of impeccable integrity.(iv) The empanelment shall be carried out on the basis of rational criteria, which is to be reflected by recording of reasons and/or noting akin to reasons by the empanelling authority.(v) …(vi) The empanelling authority, while forwarding the names of empanelled officers/persons, shall enclose complete information, material and data of the officer/person concerned, whether favourable or adverse. Nothing relevant or material should be withheld from the Selection Committee. It will not only be useful but would also serve larger public interest and enhance public confidence if the contemporaneous service record and acts of outstanding performance of the officer under consideration, even with adverse remarks, are specifically brought to the notice of the Selection Committee.(vii) The Selection Committee may adopt a fair and transparent process of consideration of the empanelled officers.”Allegations leveled by the petitioner against CVC, Mr. K.V. ChaudharyMr. K.V. Chaudhary was appointed as the CVC on June 6, 2015 for a period of four years. Before his appointment as CVC, he was the Chairperson of CBDT and Advisor to the SIT on black money.The petition alleges that even before he was appointed as the CVC, several important representations were made to the Prime Minister of India (who heads the selection panel as per Section 4 of the 2003 Act) and others including Home Minister, Finance Minister and the leader of largest part in Opposition. The said representations gave specific reasons as to why Mr. K.V. Chaudhary is not eligible and suitable for heading this important integrity institution. However, despite that the Government went full steam ahead to appoint their favored candidate.Mr. Prashant Bhushan, representing the petitioners, had also written a letter to the Prime Minister, pointing out as to why Mr. Chaudhary is not eligible and suitable for the position of the CVC. Mr. Ram Jethmalani had also written to the Prime Minister, expressing his objections regarding the same. He again wrote on 02.06.2015 stating that appointment of Respondent No. 2 would be “the greatest disaster that will fall on this unfortunate nation.” It also brings to the Court’s notice that Mr. Chaudhary was directly under CBI’s scanner in the ‘Stockguru Scam’ where...

NGO Common Cause files PIL in SC challenging the appointment of CVC and VC as being in violation of SC guidelines

Apoorva Mandhani

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