The appointment of Central Vigilance Commission (CVC) hit a fresh row on Wednesday with the Supreme Court asking the Centre to explain whether the criteria adopted to appoint the anti-corruption watchdog restricted meritorious persons from the consideration zone.
The concern of the Court came on an application moved by the NGO, Centre for Integrity, Governance and Training in Vigilance Administration, which cited a July 21, 2014 letter written by Secretary, Department of Personnel asking Secretaries of all Ministries to recommend names of suitable persons to be made CVC instead of eligible candidates to directly apply.
With the post of CVC falling vacant on September 28, the application that was argued by senior advocate Ram Jethmalani and advocate Prashant Bhushan said that the letter was contrary to Supreme Court ruling in Vineet Narain (1998) requiring CVC to be an independent person owing to the fact that it served as the anti-corruption watchdog.
On a first look, a bench headed by Chief Justice RM lodha said, “This is in sharp contrast with the lokpal (selection).” Jethmalani said that the under the lokpal and lokayukta Act 2013 a Search Committee of 10 eminent persons had the liberty to entertain applications from interested persons and could even independently recommend names for selection as lokpal. The Court asked Attorney General Mukul Rohatgi to respond to the application by Thursday.
Referring to the July 21 letter, Jethmalani said that the instruction restricted Chief Secretaries in States to be considered as only Central Ministries could recommend names. Also, civil servants who retired as on September 2012 and July 2014 also stood excluded as the letter stated, “the names of only those persons will be considered for selection, who will get at least three years tenure as CVC or Vigilance Commissioner.”