New Delhi: Strongly defending Central Vigilance Commissioner (CVC) P.J. Thomas' appointment, the government on Monday told the Supreme Court that Thomas was an 'outstanding civil servant of impeccable integrity' and 'fully eligible to be the CVC as per the CVC Act'.
The government in its affidavit said that 'the question of suitability is squarely the domain of the appointing authority and suitability of a candidate (for CVC) cannot be raised in judicial proceedings. Further questions of integrity of an individual are a matter of suitability and not eligibility".
The government said this in response to a petition by the Centre for Public Interest Litigation (CPIL) which has challenged the appointment of Thomas as CVC on the grounds that he is an accused in an ongoing palm oil import case in Kerala.
The government's affidavit said that the Thomas case in the palm oil import matter was considered by the CVC in 2007 which had cleared his involvement in the controversial report.
The apex court which will further hear the CPIL petition on Jan 27 is yet to receive reply from Thomas on the notice issued to him.
It may be recalled that in the course of the hearing of the CPIL petition on Nov 8 last year, the court had asked the Attorney General G. Vahanvati to place before it the file regarding the appointment of Thomas as CVC to show whether the prescribed consultation procedure was followed in his appointment or not.
On Nov 22, Chief Justice S.H. Kapadia asked the Attorney General to enquire from the government if Thomas could continue as CVC as the chargesheet was already pending against him in the palm oil import case.
However, the court decided to hear the matter on merits after the government persisted with appointment of Thomas as CVC.
Under the prescribed procedure there has to be a consultation between the prime minister, home minister and the leader of the opposition. The appointment of Thomas was opposed by the leader of the opposition Sushma Swaraj but her objection was overruled by majority.
It may be recalled that CPIL while questioning the appointment of Thomas as CVC had said that he was known for going along with his political bosses. The CPIL had also cited the instance of Thomas getting legal opinion from a joint secretary in the law ministry finding no fault in the allocation of 2G Spectrum in 2008 by the then telecom minister A. Raja.