NGO Common Cause files PIL in SC challenging the appointment of CVC and VC as being in violation of SC guidelines
9 years, 8 months ago

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

Live Law  

A PIL has been filed in the Supreme Court challenging the appointment of Mr. K.V. 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. 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 1 SCC 226 and Centre for Public Interest Litigation case 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. Former Union Minister and currently a senior member of the ruling party Mr. Subramanian Swamy had written a strongly worded letter to the Prime Minister on 11.06.2015 stating that charge against Mr. Bhasin is “very serious” and the recommendation of the selection committee to appoint him as VC must be withdrawn. Therefore their appointments are illegal, arbitrary, in negation of rule of law and therefore in violation of Articles 14 and 21 of the Constitution of India.” The petitioners further aver in their petition that the Apex Court in the CPIL case had directed that in all future appointment of CVCs and VCs, the empanelling authority shall produce all material and records, whether favourable or adverse to the candidates, before the selection committee under Section 4 of the 2003 Act, and that “in the present case, non-production of serious adverse material & representations against Respondent No.s 2 and 3 would vitiate the appointment process and in case the said material was produced and despite that the appointment was made, then that appointment would be mala fide, arbitrary and illegal, as per the judgment of this Hon’ble Court in CPIL case.

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