P J Thomas, whose appointment as Chief Vigilance Commissioner, was quashed by the Supreme Court, today moved a fresh application before President Pratibha Patil seeking her intervention for referring to a Constitution Bench the issue of his removal.
Interestingly, Thomas has claimed he has not yet resigned from the post despite the apex court's March 3 quashment of his appointment as being illegal and done in an arbitary manner.
"Mr P J Thomas have not yet resigned based on the legal advice that resignation based on the judgment, which is non est, null and void , amounts to breach of oath of office of CVC and to our knowledge the Union of India has not yet taken any step for review of the impugned judgment, despite having the knowledge of various illegalities and irregularities and there exists a constitutional crisis which needs to be addressed for smooth functioning of the Constitution," the application said.
The former CVC, through counsel Wills Mathews, urged the President to grant him personal audience to explain his stance and also urged her to "keep in abeyance" the cancellation of his warrant of appointment.
Thomas had earlier on March 16 moved an application before the President pleading that the apex court judgement was illegal as according to him it could not have entertained the PIL filed by Centre for Public Interest Litigtion as removal of a CVC can be done only on the "Reference" made from the President to the Supreme Court under Article 143.