Ex-CVC Thomas refuses to go gracefully, appeals to president

P J Thomas, who was removed as Central Vigilance Commissioner (CVC) by the Supreme Court, on Wednesday appealed to President Pratibha Patil against the apex court's 3 March judgment declaring his appointment null and void.

Having failed to move the Supreme Court in Thomas's favour, his lawyer Wills Mathew submitted a representation to the president urging her to refer the legality of the judgement back to a five-judge bench for reconsideration. 

The move came days after the president signed a warrant cancelling Thomas's appointment. The president signed the warrant on Monday after the department of personnel and training, the recommending authority, sent a note to her with a copy of the court's order. 

This effectively stymied a proposed move by Thomas to file a review petition in the court. A review always goes to the same bench. 

Changing tack, Thomas's lawyer today said the Supreme Court did not have the power or jurisdiction under the CVC Act to take a decision on his appointment. The power is only with the president. 

Under the CVC Act, the commissioner can only be removed by a reference from the President to a Constitution bench of a minimum of five judges, Mathew said. The 3 March judgment was handed down by a three-judge bench.