Delhi HC seeks Centre stand on PIL against appointment to ED post in Union Bank

New Delhi, Aug 22 (PTI) The Delhi High Court on Thursday sought the Centre’s stand on a public interest litigation challenging an appointment to the post of executive director of Union Bank of India earlier this year.

The petitioner alleged that Pankaj Dwivedi was appointed to the post in March in violation of the rules mandating a vigilance clearance for appointment — which was denied to him on account of a charge sheet against him in a sexual harassment case by her.

A bench headed by Acting Chief Justice Manmohan issued notice to the Centre, Central Vigilance Commission (CVC) as well as Dwivedi on the PIL and questioned how the appointment was made in the absence of a nod by the vigilance authority.

“How can this be? File your response. Big picture will have to be looked into. If a person has been denied vigilance clearance, how can he be (appointed)?” the bench, also comprising Justice Tushar Rao Gedela, said.

The court said there has to be “some sanctity” to the report of the vigilance authority and remedial action has to be taken at the earliest.

The counsel for the Centre assured that if required, remedial measures will be taken.

The petitioner’s counsel said vigilance clearance was mandatory for board level appointment in public sector banks and as per the relevant rules, it cannot be granted if a person is charge-sheeted in a sexual harassment case.

He said the petitioner protested against Dwivedi’s appointment as soon as a recommendation was made for the post, but he was subsequently appointed to the post even without the vigilance clearance.

Asserting that the CVC has refused to give clearance to his name, the petitioner’s lawyer said Dwivedi cannot be permitted to continue on the post.

“This is an open and shut case. He can’t continue,” he said.

The matter would be heard next on October 4.