COMMON CAUSE (A REGD SOCIETY) & ORS Vs. UNION OF INDIA & ORS
LAWS(SC)-2018-7-65
SUPREME COURT OF INDIA
Decided on July 02,2018

Common Cause (A Regd Society) And Ors Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Arun Mishra, J. - (1.) The petition has been filed by the Common Cause (a registered Society) and others purportedly in public interest, a prayer has been made to issue an appropriate writ quashing the appointment of Mr. K.V. Chowdary, Central Vigilance Commissioner (in short 'CVC') and Mr. T.M. Bhasin, Vigilance Commissioner (in short, 'VC'). The Union of India had appointed Mr. K.V. Chowdary as CVC on 6.6.2015 and Mr. T.M. Bhasin as VC on 11.6.2015 for a period of four years. The main ground urged to quash the appointment is that it is illegal and void as there is violation of principles of impeccable integrity and institutional integrity laid down in the judgments of this Court in Vineet Narain & Ors. v. Union of India & Anr., 1998 1 SCC 226 and Centre for PIL & Anr. v. Union of India & Anr., 2011 4 SCC 1.
(2.) In the writ petition filed by the Centre for Integrity, Governance, and Training in Vigilance Administration and another, a prayer has been made to direct the Union of India and/or its instrumentalities to provide for minimum number of years of knowledge and experience in the field of vigilance for being appointed as CVC or VC. During the pendency of the writ application, with the permission of the court, this Court had permitted respondent No.1 to proceed with the appointment of CVC and VC under section 4(1) of the Central Vigilance Commission Act, 2003 (for short, "the Act") subject to the decision of the petition. The appointments have been made and the challenge is confined to the appointments of CVC and VC.
(3.) It is urged by the Common Cause Society that Central Vigilance Commission is, in the absence of a Lokpal, India's top anti-corruption body. The Commission is considered the apex integrity and watchdog institution of the country. Apart from overseeing the vigilance administration, it has also the power of superintendence over the CBI in corruption cases and is also the designated agency for protection of the whistle-blowers to examine their complaints. It oversees functioning of the Central Government and its instrumentalities.;


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