Thomas mulls review petition against quash order

New Delhi, Mar 3 (PTI) P J Thomas may consider filing a
review petition in the Supreme Court of India which on
Thursday quashed his appointment as the Central Vigillance
Commissioner (CVC), the corruption watch dog of the country,
his counsel indicated Thursday night.
Dismissing reports that Thomas has resigned, his counsel
Wills Mathews said he would go through the judgement and
consider "whether to resign or to file a review petition."
Speaking to PTI, the counsel claimed Thomas has not yet
gone through the judgement and would take a decision only
after perusuing it.
"I just talked him. He was prepared to resign long back
but at that time there was a legal opinion that he should not
resign. So he continued," the counsel claimed.
Citing the provisions in the CVC Act, Mathews said he can
be removed only by the President of India or alternatively he
can resign.
Section 6 of the CVC Act, which deals with the removal of
Central Vigilance Commissioner and other commissioners,
stipulates that he can "be removed from his office only by
order of the President on the ground of proved misbehaviour or
incapacity after the Supreme Court on a reference made to it
by the President, has, on inquiry, reported that the CVC is to
be removed on such ground."
But the Supreme Court in its ruling has said that the
order to appoint Thoams did not exist in law to begin with due
to illegality in his appointment process.
However, the apex court has given its ruling not on a
presidential reference and on two public interest lawsuits
questioning the legality of order appointing Thomas as CVC.
The clause 2 of section 6 of the CVC Act provides that
"the President may suspend from office and, if deemed
necessary, prohibit (him) from attending the office during
inquiry" by the Supreme Court on the reference by made by him
or her.
But, in the present case, the apex court has quashed
the very appointment of the CVC. PTI AAC