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Common Cause (A Regd. Society) v. Union of India

Writ Petition (Civil) · 2018 INSC 568Decided 2 Jul 2018
Writ Petition (Civil) No. 505 of 2015
Justice Arun Mishra · Justice Mohan M. Shantanagoudar

Background

An NGO, Common Cause, and a separate petitioner (Centre for Integrity Governance and Training in Vigilance Administration) challenged the Union Government's 2015 appointments of Mr. K.V. Chowdary as Central Vigilance Commissioner (CVC) and Mr. T.M. Bhasin as Vigilance Commissioner (VC), alleging these appointments violated the "impeccable integrity" standard laid down in earlier Supreme Court rulings (Vineet Narain and Centre for PIL). The petitioners pointed to pending complaints and vigilance-related allegations against both appointees as disqualifying factors. The second writ petition separately sought a direction fixing a minimum number of years of vigilance experience as a qualification for the CVC/VC posts.

Decision Breakdown

The Court examined the specific complaints against both Mr. Chowdary and Mr. Bhasin in detail, including allegations around tax matters and an APAR (performance appraisal) controversy involving Mr. Bhasin, and found that none of them resulted in any formal adverse finding, departmental inquiry, or penalty against either officer. It held that the High Power Committee (comprising the PM, Home Minister and Leader of Opposition) had duly considered all available material before recommending the appointments, and that courts should not act as an appellate authority over the Committee's subjective satisfaction absent proof of mala fide or procedural illegality. The Court cautioned that unverified complaints against public officials should not be treated as automatically disqualifying, since even honest persons can be targeted by baseless allegations. Finding no procedural infirmity in the selection process and no illegality in either appointment, the Court declined to interfere and disposed of both writ petitions, declining to quash the appointments.

Lesson Learnt

Courts will not second-guess a high-level selection committee's considered judgment on appointments to statutory anti-corruption bodies merely because complaints exist against a candidate; only a vitiated process, mala fide, or proven integrity violation, not unproven allegations, can justify judicial interference with such appointments.

Official source (sci.gov.in)View Judgment (PDF)

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