File photo of the Supreme Court in New Delhi. (Reuters)
The Supreme Court today said the Centre cannot appoint a Central Vigilance Commissioner and the Vigilance Commissioner without its approval, but the selection process for both posts can progress.
"Before sending the appointments to the President, come to us. We are not concerned with who is being appointed, but we will see whether the due procedure is followed or not," said Chief Justice of India HL Dattu while hearing the case.
The court has been pushing for transparency in the appointment of the Central Vigilance Commissioner. In an earlier hearing, former Chief Justice RM Lodha had said only talented people should be chosen for the post.
The case is being heard following complaints that the Centre's method of making the appointments are in violation of rules and a petition seeking more transparency in the matter. The Centre had sought the court's permission to proceed with the appointment in both posts, which are currently vacant.
Questioning the validity of the petition, Attorney General Mukul Rohatgi, who was representing the Centre, told the court that anyone could challenge once an appointment has been done, but not before that.
But the court rejected the argument and directed the Centre to submit the shortlisted names before they were sent to the President for approval.
The Centre told court that advertisements have been published across the country and applicants are being shortlisted. The Centre is to submit the list of appointees on January 14, the next date of hearing.
The Attorney General told the court he would submit the names in a sealed cover.