Ex-CVC Thomas withdraws plea against successor

July 19th, 2011 - 3:21 pm ICT by IANS  

Pratibha Patil New Delhi, July 19 (IANS) Former Central Vigilance Commissioner (CVC) P.J. Thomas Tuesday withdrew his plea in the Delhi High Court against the swearing-in of Pradeep Kumar as his successor.

Justice Rajiv Sahai Endlaw allowed Thomas to withdraw his plea against the appointment of Pradeep Kumar, who was sworn in as CVC July 14.

On that day, a division bench of Justices Vikramajit Sen and Siddharth Mridul had refused to grant an urgent hearing on Thomas’ plea, saying it was difficult to hear the petition at the eleventh hour.

Thomas’ appointment was cancelled by the Supreme Court in March after it was found that his name figured in a corruption case in Kerala. He had been appointed CVC in September 2010.

In his writ petition filed July 13, Thomas sought the court’s direction on the appeal filed by him March 16 and urged President Pratibha Patil to wait for a decision on it before appointing the new CVC.

Thomas has argued that the Supreme Court decision against him was delivered by a three-judge bench and not a five-judge bench as mandated by the constitution.

Advising him to go the Supreme Court, Justice Endlaw said Tuesday: “You cannot disturb the hierarchy of the judiciary and hence you please go to the same court.”

The court said: “You have got a legal remedy and that is to approach the Supreme Court itself.”

To which, Thomas` counsel decided to withdraw his plea.

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