Leaving no room for any ambiguity after the Supreme Court rejected the appointment of PJ Thomas as Central Vigilance Commissioner, the government has got President Pratibha Patil to withdraw her sanction. This, in effect, officially cancels the order appointing Thomas to the job.
It?s learnt that soon after the SC declared the Thomas?s appointment as ?non est? in law, the government obtained the copy of the order, attached its recommendation to cancel the appointment on the basis of what the SC had stated, and sent it off to the President. The decision has since been formalised and conveyed to Thomas, added sources.
This is the process set out for annulling the appointment of a person heading a constitutional body. The same process was followed in the case of B S Lalli, who was head of the Prasar Bharati, until corruption allegations surfaced against him in granting of broadcasting rights for the Commonwealth Games.
Sources said the withdrawal of President?s sanctions closes the chapter as far as the government is concerned and it can now proceed with the selection of the new CVC.
With Thomas not showing signs of relinquishing his charge even after the SC order, the government decided to take the lead.
The SC, while quashing the Thomas?s selection, had observed that a wider panel of names be considered, including candidates from outside the government. This would mean that the government would have to find a more open and transparent process with a set of eligibility criteria. These details for this are now being worked out.
Thomas was selected last September by a three-member committee headed by the Prime Minister which had the Home Minister and Leader of Opposition as its members. He was selected despite Leader of Opposition Sushma Swaraj?s objection.