<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2011 (3) TMI 608 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=206573</link>
    <description>A statutory recommendation for appointment to the Central Vigilance Commissioner post must be based on all relevant material and satisfy the requirement of institutional integrity and competence. The High Powered Committee&#039;s decision was invalid because it ignored adverse material, including a pending criminal case and prior departmental notings, so the recommendation was non-est in law and the appointment could not stand. The statutory scheme did not require unanimity; majority decision was sufficient because no veto was created and vacancy did not invalidate the process. The appointment also remained subject to the ordinary constitutional scheme of aid and advice, and judicial review could strike down the decision for arbitrariness in the decision-making process.</description>
    <language>en-us</language>
    <pubDate>Thu, 03 Mar 2011 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 17 Oct 2013 11:04:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=180061" rel="self" type="application/rss+xml"/>
    <item>
      <title>2011 (3) TMI 608 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=206573</link>
      <description>A statutory recommendation for appointment to the Central Vigilance Commissioner post must be based on all relevant material and satisfy the requirement of institutional integrity and competence. The High Powered Committee&#039;s decision was invalid because it ignored adverse material, including a pending criminal case and prior departmental notings, so the recommendation was non-est in law and the appointment could not stand. The statutory scheme did not require unanimity; majority decision was sufficient because no veto was created and vacancy did not invalidate the process. The appointment also remained subject to the ordinary constitutional scheme of aid and advice, and judicial review could strike down the decision for arbitrariness in the decision-making process.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 03 Mar 2011 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=206573</guid>
    </item>
  </channel>
</rss>