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This is an archive article published on March 3, 2011

CVC Thomas: A chronology

Chronology of events on the issue of quashing of appointment of 1973 batch Kerala cadre IAS officer P J Thomas.

Following is the chronology of events on the issue of quashing of appointment of 1973 batch Kerala cadre IAS officer P J Thomas as Central Vigilance Commissioner.

1991: Appointed as secretary,Department of food and civil supplies,Kerala government.

Oct 5,1991: The then Chief Minister of Kerala K Karunakaran writes to Prime Minister stating that the state was intending to import palmolein oil and that necessary permission should be given by the ministries concerned.

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Nov 6,1991: Government issues a scheme for direct import of edible oil for public distribution on the condition that an ESCROW account be opened and import clearance be granted as per rules.

1992: Thomas writes to the Centre proposing to immediately import palmolein oil during festive season in the middle of January 1992.

Jan 24,1992 : Price for the same fixed,56 days after the execution of the agreement. Later Kerala imported palmolein by opening an ESCROW account and getting the import clearance at the rate of USD 405 per MT.

Feb 2,1994: CAG report for the financial year ending March 1993 took exception to the procedure adopted for import of palmolein by the Kerala govt. Report placed before the Public undertaking committee of Kerala Assembly.

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Apr 9,1994: Single judge of Kerala HC dismisses a writ petition filed by the chief editor of the Gulf Times praying for registration of an FIR on ground that import of palmolein was made in violation of the Government guidelines.

Sept 1994: Another appeal filed by Vijay Kumar,MLA of the Opposition in the Kerala assembly,praying for somewhat similar relief,dismissed by the Division bench.

May 20,1996: Elections in Kerala. Left Democratic Front forms the government. Later an FIR registered against the then CM Karunakaran and six others under 13(2) read with 13 (1)(d)of the Prevention of Corruption Act and Sec 120B IPC. Thomas not included.

Nov 30,1999: Chargesheet filed in the palmolein case. Later Kerala Govt accords sanction to prosecute the then CM Karunakaran and others including Thomas.

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Dec 31,1999: Kerala writes to the Department of Personnel and Training (DoPT) seeking sanction to prosecute the said person before the Court of competent jurisdiction. Keeping in view the investigation of the case conducted by the agency,two other persons including Thomas were added as accused.

Mar 29,2000: Karunakaran files appeal in the Supreme Court. SC upholds govt order to grant sanction for prosecution.

Jan,2001: A note is put up by the Under Secretary concerned that a regular departmental enquiry should be held against Thomas and Jiji Thomson for imposing a major penalty.

Feb 18,2003: DoPT makes a reference to the Central Vigilance Commission on the cited subject.

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June 3,2003: CVC responds and conveys its opinion advising the DoPT to initiate major penalty proceedings against Thomas and Thomson.

Feb 24,2004: Another note on similar lines put up as despite receipt of the above opinion of CVC,the matter was still kept pending.

December,2004: Central Government asks the State Government to send a copy of the report which had been filed before the Court of competent jurisdiction.

Jan 24,2005: Kerala writes to the DoPT to withdraw their request for according the sanction for prosecution of the officers,including Thomas.

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Nov 4,2005: State takes the position that the allegations made by the Investigating Agency were invalid and the cases and request for sanction against Thomas should be withdrawn.

May 18,2006: LDF again forms govt in Kerala with V S Achuthanandan as the Chief Minister. This time the Kerala Government filed an affidavit in the SC disassociating itself from the contents of the earlier affidavit.

Oct 10,2006: Chief Secretary,Kerala Government,writes a letter to the GoI informing them that the State Government had decided to continue the prosecution launched by it.

Nov,2006: DoPT wrote to Kerala asking them for the reasons for change in stand. Later Karunakaran challenged the State’s action to revive sanction and prosecution against him,Thomas and others in Kerala High Court which dismissed it. Thomas never challenged the matter in any court.

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June 25,2007: CVC writes to DoPT saying the case has been re-examined and the Commission has observed that no case is made out against Thomas and Jiji Thomson.

July 6,2007: DoPT recorded a note in the file that as far as CVC’s advice regarding dropping all proceedings is concerned,the Ministry should await the action to be taken by the Government of Kerala and the relevant courts.

July 6,2007: High Court dismisses the petition filed by Karunakaran raising the plea of malafides.

Sept 18,2007: Government of Kerala appoints P J Thomas as the Chief Secretary.

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Oct 6,2008: CVC accords vigilance clearance to Thomas for appointment as Secretary in Union Government.

Jan 23,2009: Thomas appointed as Secretary,Parliamentary Affairs to GoI.

Sept 1,2010: The DoPT empanels three officers.

Sep 3,2010: Matter was put up to the High Powered Committee (HPC) for selecting one candidate. Sushma Swaraj,Leader of Opposition in Lok Sabha dissents. PM and Home Minister favours Thomas appointment as CVC.

Sept 4,2010: The same note is submitted to the President who also approved it on the same day.

Sept 7,2010: P J Thomas appointed as CVC and takes his oath of office.

Oct 2010: PIL filed challenging Thomas’ appointment as CVC.

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Nov 8,2010: SC decides to examine the file on appointment of Thomas.

Mar 3,2011: SC quashes Thomas’ appointment as CVC.

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