The Supreme Court Wednesday dismissed a petition to quash appointment of Shashi Kant Sharma as the Comptroller and Auditor General of India (CAG) on the allegations of conflict of interest.
“Why should he suffer disqualification unless the account of that period in history is shrouded in mystery? What is the need for raising an alarm? These are constitutional posts. How can we meddle with constitutional procedure?” said a bench led by Chief Justice of India H L Dattu.
The petition, which was filed against an order of the Delhi High Court, had stated that as country’s auditor Sharma would be judging a number of defence deals that were concluded or cleared when he was the defence secretary.
The court responded: “In this case, the only aspect to be considered is that he participated in defence purchases. He can always recuse in such a situation or the investigation may be carried out by the senior-most officer of the department. If required, the doctrine of necessity may be applied.”
The bench further declined to issue guidelines for the selection process after Attorney General Mukul Rohatgi said that the Constitution has left it to the government to aid and advise the President for appointments to constitutional posts like the CAG.