IMPORTANT POINT
Judicial review is confined to legality of decision making process, not the decision. Government is not accountable to the courts for the choice made but definitely accountable in respect of lawfulness/ legality of its decisions.

JUDGMENT :

ARUN MISHRA, J.

1. The petition has been filed by the Common Cause (a registered Society) and others purportedly in public interest, a prayer has been made to issue an appropriate writ quashing the appointment of Mr. K.V. Chowdary, Central Vigilance Commissioner (in short ‘CVC’) and Mr. T.M. Bhasin, Vigilance Commissioner (in short, ‘VC’). The Union of India had appointed Mr. K.V. Chowdary as CVC on 6.6.2015 and Mr. T.M. Bhasin as VC on 11.6.2015 for a period of four years. The main ground urged to quash the appointment is that it is illegal and void as there is violation of principles of impeccable integrity and institutional integrity laid down in the judgments of this Court in Vineet Narain & Ors. v. Union of India & Anr. (1998) 1 SCC 226 and Centre for PIL & Anr. v. Union of India & Anr. (2011) 4 SCC 1.

2. In the writ petition filed by the Centre for Integrity, Governance, and Training in Vigilance Administration and another, a prayer has been made to direct the Union of India and/or its instrumentalities to provide for minimum number of years of knowledge and experience in the field of vigilance for being appointed as CVC or VC. During the pendency of the writ application, with the permission of the court, this Court had permitted respondent No.1 to proceed with the appointment of CVC and VC under section 4(1) of the Central Vigilance Commission Act, 2003 (for short, “the Act”) subject to the decision of the petition. The appointments have been made and the challenge is confined to the appointments of CVC and VC.

3. It is urged by the Common Cause Society that Central Vigilance Commission is, in the absence of a Lokpal, India’s top anticorruption body. The Commission is considered the apex integrity and watchdog institution of the country. Apart from overseeing the vigilance administration, it has also the power of superintendence over the CBI in corruption cases and is also the designated agency for protection of the whistleblowers to examine their complaints. It oversees functioning of the Central Government and its instrumentalities.

4. This Court in Vineet Narain (supra) has observed that Central Vigilance Commission shall be given statutory status. The Selection Committee has to select a person of impeccable integrity and the appointment shall be made by the President. Pursuant thereto, Parliament has enacted Central Vigilance Commission Act, 2003 and Selection Committee comprises of the Prime Minister, the Home Minister, and the Leader of the Opposition.

5. In Centre for PIL (supra) this Court had quashed the appointment of the then CVC by declaring decision of Selection Committee to the President for appointment as nonest. It was observed by this Court that the activity of decision making process has to ensure that the powers are exercised for the purpose and in the manner in which the said Act provides otherwise the recommendation has no existence in the eyes of law. This Court directed that the legality of the exercise of selection is subject to judicial review. All civil servants and other persons empaneled shall be outstanding civil servants or persons of impeccable integrity, made on rational criteria reflected by recording vigilance and/or notings akin to reasons. Complete information with material and data whether favourable or adverse has to be forwarded. Nothing material or relevant should be withheld. Contemporaneous service record, even adverse remarks, are specifically to be brought to the notice of Selection Committee. Process of selection by the Committee has to be fair and transparent.

6. It is averred in the petition that the absolute requirement is that Central Vigilance Officer should have unblemished record of service. The appointment of Mr. K.V. Chowdary, respondent No.2 as CVC has been assailed on the basis of facts mentioned in the complaint. Prior to that, he was the Chairperson of CB