Vigilance commissioner appointment: DMK files additional affidavit

The additional affidavit moved by DMK’s Organising Secretary, R S Bharathi, contended that the impugned GO appointing Jeyakodi has been passed without circulating the file to the Governor and obtaining his consent under his seal and signature. Further, the GO has been treated as a ‘transfer and posting’ and not an appointment to the post as it ought to be, he said. 

Also, citing rules that post of Vigilance Commissioner is an independent post and detached from administrative side with freedom while advising the government like that of the public service commission, the plea said the post cannot be created under any service rules and cannot be called as transferable post since the officer cannot be transferred by the government according to its whims and fancies like a normal transfer. Pointing out that the prevailing rules contemplate appointment of the vigilance commissioner for a period of five years and that too by the Governor, the plea noted that the appointment to the post by the Governor also requires the advice by the Cabinet Ministers under Article 163(1) to be tendered to the Governor.

Such advice ought to be given by the Council of Ministers after considering all the relevant materials so that the decision of the Governor is not arbitrary. Moreover, for such advice there should be a process carried out by the executive and the institutional integrity must be tested, the plea added. The plea which is being heard by the first bench comprising CJ Indira Banarjee and Justice M Sundar is scheduled to be taken up for further hearing on September 1. 

In the earlier hearing, senior counsel P Wilson appearing for the DMK had contended that Jeyakodi is junior in rank to several officers, including the Chief Secretary and therefore, will be unable to investigate accusation of corruption against the officers senior to him. 

He also argued that the state has been appointing the Chief Secretary or additional Chief Secretaries as State Vigilance Commissioners thereby making the Commission just another wing of the state government.