Ex-CVC Thomas withdraws plea against his sacking

Former Central Vigilance Commissioner P J Thomas withdrew from the Delhi High Court his petition seeking a directive to Rashtrapati Bhavan.

Former Central Vigilance Commissioner P J Thomas on Tuesday withdrew from the Delhi High Court his petition seeking a directive to Rashtrapati Bhavan to decide his representation against the Supreme Court SC order sacking him.

While the counsel for Thomas sought to withdraw the petition from the court,Justice Rajiv Sahai Endlaw told him that the hierarchy of the judicial system could not be disturbed given that the earlier order was passed by a superior court.

The court also found favour with the argument of Additional Solicitor General A S Chandhiok,who contested Thomass plea saying that no legal remedy could be sought at the High Court when the government had acted on a decision by the SC.

A representation before the President could simply not work because the appointment has been quashed by an order of the SC. Even the government authorities are bound by the orders of the apex court and hence,remedy,if any for the petitioner,will lie only before the same court, said the ASG.

The ASG further said that Thomas should file a revision plea before the apex court if he wanted any relief against its order.

To this,Thomass counsel Wills Mathews contended that the prayer in the petition was limited to issuance of a direction to the DoPT,which had not decided his representation to the President seeking constitution of a five-judge Bench to decide afresh the former CVCs removal from the post.

The argument,however,cut no ice with Justice Endlaw as he noted that the High Court could not be the right forum to seek a remedy against the order of an apex court.

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Mathews was then asked if he wanted the court to pass a written order on the issue or he wished to withdraw the plea. At this,Mathews requested the court to let him withdraw the petition.

Earlier,on July 14,when Pradeep Kumar was sworn in as the new CVC,Thomas had moved court stating that his plea pending before the President be decided before the appointment of his successor. The court had,however,refused to grant urgent hearing to him.

The apex court had on March 3 quashed the appointment of Thomas as CVC as a charge sheet was pending against him in a corruption case in Kerala.