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Supreme Court of India 2018-07-02 dismissed

Common Cause (A Regd. Society) & Ors vs Union of India & Ors

Bench: 2 — Arun Mishra

In Brief

Common Cause Society challenged the appointments of K.V. Chowdary as Central Vigilance Commissioner and T.M. Bhasin as Vigilance Commissioner, alleging violations of integrity principles. The petitioner alleged various misconduct by both appointees, including improper meetings, unfair treatment in investigations, and falsification of appraisal reports. The Supreme Court held that judicial review of administrative appointments is limited to examining the fairness and transparency of the decision-making process, not the merits of the choice. After reviewing the selection procedure—which included wide advertisement, shortlisting, consideration of complaints, and agency inputs—the Court found the High Power Committee's procedure was fair and transparent. All complaints were investigated and inputs obtained from CBI, Intelligence Bureau, and Department of Revenue. The Court found no merit in the allegations and declined to interfere with the appointments, as the decision-making process's integrity remained intact.

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Administrative Law Constitutional Law Civil Service Judicial Review Institutional Integrity Central Vigilance Commission

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