"We declare that the recommendation made by the high-powered committee is non-est in law. Which means that the recommendations made on Sep 3, 2010 does not exist in law. Consequently, the appointment of Thomas goes," a bench comprising Chief Justice S H Kapadia and justices K S Radhakrishnan and Swantatntra Kumar said.
The bench severely criticised the committee for not considering the relevant material including the pending criminal case against Thomas in the Palmolein import case and the recommendations of the DoPT between 2000-04 for initiating disciplinary proceedings against him.
"It is the duty of the high-powered committee (HPC) to not to recommend the name of a person who can affect the institutional integrity of the CVC," the bench said, adding the institutional integrity and the integrity of a person holding the post of CVC is the touchstone of the office under the CVC Act.
The court said the HPC failed to consider relevant material against Thomas and the entire focus was on his bio-data and none of the government bodies including the DoPT focussed on larger issue of institutional integrity.