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This is an archive article published on January 29, 2011

CVC Thomas ‘digs in heels’,refuses to quit

Union government has admitted that all its attempts to persuade Thomas to put in his papers had failed.

A day after the Supreme Court came down heavily on the Centre over the appointment of a tainted officer,P J Thomas,as Chief Vigilance Commissioner (CVC),the Union government on Friday admitted that all its attempts to persuade Thomas to put in his papers had failed.

“We have made many requests to him but he is not yielding. Efforts are still on,” said a government functionary.

The apex court has been hearing a public interest litigation against his appointment as CVC.

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Meanwhile,sources said the government was of the view that in case Thomas,who still had about a year’s service left when he resigned to join as CVC,refuses to resign on his own,there was little that the government could do to remove him.

Under Section 6 of the CVC Act,the CVC or a Vigilance Commissioner can be removed from office only by order of the President on the ground of “proved misbehaviour or incapacity”.

However,the President’s order can be issued only after the Supreme Court,on a reference made to it by the President,holds an inquiry into the grounds for his removal from office.

Among others,the major grounds of which the CVC can be removed include his being adjudged insolvent,or being convicted of an offence which,in the opinion of the Central government,involves moral turpitude,is unfit to continue in office by reason of infirmity of mind or body.

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“Thomas’s case does not fall under any of these criteria. There is little possibility of the President going along with any move to remove Thomas. Now,unless the court strikes down the appointment,Thomas will continue in office,” observed an officer.

Incidentally,during hearing in the SC on Thursday,the Centre changed its position in the case,stopping short of going all-out to say that Thomas was a victim of a political conspiracy.

Meanwhile,NDA parliamentary party chairman L K Advani on Friday supported Sushma Swaraj’s stand against the appointment of Thomas,saying he could not have been chosen for the post as he had cases pending against him.

“This controversy started even when I was the Leader of Opposition. I told them (government) that wherever there is this law that Leader of Opposition in Lok Sabha should be there in the panel with the government,they used to give only one name. I told them I will not accept unless you give a panel (of names),” Advani told reporters.

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He maintained that in the case of Thomas’s appointment as CVC,the government tried to do the same by insisting on his name despite zeroing in on a panel of three candidates.

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