CENTRE FOR PIL vs UNION OF INDIA

The Supreme Court examined the legality of the appointment of Shri P.J. Thomas as Central Vigilance Commissioner under Section 4(1) of the Central Vigilance Commission Act, 2003. The Court emphasized the distinction between legality and merit in judicial review, asserting that the High Powered Committee's recommendation must adhere to the statutory provisions to be valid. The Court held that the appointment was not legally sound due to ongoing criminal proceedings against Thomas under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, and thus declared the appointment invalid.