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LATEST NEWS UPDATES | Another PIL on Sashi Kant Sharma as CAG

Another PIL on Sashi Kant Sharma as CAG

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published Published on Jun 4, 2013   modified Modified on Jun 4, 2013
-The Times of India

 

NEW DELHI: Former chief election commissioner N Gopalaswamy and ex-Admirals R H Tahiliani and L Ramdas along with six other eminent persons on Monday petitioned the Supreme Court challenging appointment of former defence secretary Sashi Kant Sharma as the Comptroller and Auditor General (CAG).

This is the second PIL within a fortnight, and follows one filed by advocate M L Sharma, who, too, had challenged the discretion vested in government to appoint CAG who discharges the sensitive function of scrutinizing spending of huge funds.

The petition sought a direction from the apex court to the Union government "to frame a transparent procedure based on definite criteria and constitute a broad-based non-partisan selection committee, which after calling for applications and nominations, would recommend the most suitable person for appointment as the CAG to the President of India."

When the Constitution had not prescribed any criteria for selection and appointment of CAG, why are the petitioners demanding so?

They said prevalence of corruption at high levels and unwillingness of the government to ensure a clean and accountable system has made it imperative for selection of a independent minded person who would not stay obliged to the government for appointing him to such a high constitutional post, widely regarded in the recent years as the expenditure watchdog of the country.

They said if appointment of Central Vigilance Commissioner (CVC), National Human Rights Commission chairman and the Director of CBI warranted a transparent process, it was more needed for CAG's appointment.

"As the CAG performs quasi-judicial functions and reports his findings to Parliament, which are at times adverse to the government of the day, the Executive should not be given the sole authority for his appointment," the petitioners said.

Like the earlier petitioner Sharma, the eminent persons also cited possible conflict of interest in appointment of Sashi Kant Sharma as CAG as the former defence secretary was "involved in clearing all major defence purchases as Director General (Acquisitions) or as defence secretary".

They alleged that serious scams relating to some of the major deals have come to light in the recent past and listed AugustaWestland helicopter agreement, the Admiral Gorshkov purchase deal and Tatra truck procurement scam. "There is no provision in the Constitution or in the CAG Act for a CAG to recuse himself where clear conflict of interest is present," they added.


The Times of India, 4 June, 2013, http://timesofindia.indiatimes.com/india/Another-PIL-on-Sashi-Kant-Sharma-as-CAG/articleshow/20417964.cms


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