SC sets guidelines for new CVC appointment
While quashing the appointment of P.J. Thomas as CVC, the Supreme Court has laid seven-point guidelines for the Union government for future appointment of the country’s watchdog against corruption to avid recurrence of any other episode like this.
As per the guidelines, the high powered three member committee, headed by Prime Minister and comprising home minister and leader of opposition, have to clearly record the reasons for approving or disapproving any name. If it was a majority decision, both, the majority members and dissenting member has to spell out the reasons in writing in details for their preference or rejection of a particular person.
Any person, who is in the zone of consideration for appointment, should qualify as per section 3(3) of the CVC Act but the choice should not merely be restrict to a retired civil servant as has been the practice till now.
All the civil servants and other persons empanelled shall be “outstanding” civil servants or a person of “impeccable integrity” as laid down by the apex court in the Jain-Hawala case verdict. The CVC Act, passed by the government later, had removed the condition of the “impeccable integrity”.
The empanelment shall be carried out on the basis of rational criteria, which is to be reflected by recording of the reasons akin to those recorded by empanelling authority.
The empanellment shall be carried out by a person not below the rank of the secretary to the government.
The empanelling authority, while forwarding the names of the prospective candidates, shall enclose complete information, material and data about the officers/persons, whether favourable and adverse against them. No relevant material about any candidate shall be withheld in any manner to enable the HPC to take a right decision.
The HPC may adopt a “fair and transparent” process of considering of the empanelled officer/person for appointment of the CVC.
Meanwhile, the government sources said that a fresh panel of names for appointment of new CVC would be drawn soon with finance secretary Sushma Nath appeared to be the front runner.
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