The central government finds itself in a piquant situation. Having flouted all norms and bulldozed objections from the leader of opposition, Sushma Swaraj, in appointing PJ Thomas to the constitutional office of the central vigilance commissioner (CVC), it now finds his refusal to step down quite embarrassing.

The government had given indications on several occasions that Thomas would step down in “48 hours” after the apex court started questioned his appointment and credentials in view of the disclosure that a criminal chargesheet was still pending against him in Kerala in connection with the palmolein oil import case of 1990s. It has also come to the notice that as a secretary in the ministry of telecommunication he was trying to protect his minister A Raja by seeking and obtaining legal opinion to the effect that 2G spectrum allocations was beyond the purview of the CAG and CVC, it being a “policy matter”. The apex court had doubted if such a man at the helm of the apex corruption watchdog would do justice to the job at hand.

Not only Thomas refused to step down, he said he would recuse himself from the spectrum scam investigations. Now, he has gathered more courage by telling the world that he would rather explain his position in the court, rather than just go away. The final hearing of the case challenging his appointment will be heard on January 27.

In the meanwhile, it has come to notice that the department of personnel and training (DoPT) had flouted its own guidelines in forwarding Thomas’ name for selection as the CVC. A national daily has pointed out how a 2007 guideline of DoPT had specifically mentioned that any official against whom a chargesheet has been filed in a criminal case can not be cleared for appointment.

It may be recalled that BJP leader Sushma Swaraj had refused to endorse the candidature of Thomas, saying that the government could select any of the other two in the panel for appointment as CVC as questions had been raised about the credentials of the Kerala cadre officer. But the prime minister and home minister, who were the other two members of the selection panel, overruled her.

Under pressure from the opposition parties, the centre wants to see the back of Thomas and was hoping that this would help reduce the heat on the demand for a joint parliamentary committee (JPC) probe into the spectrum scam. But by refusing to take the cue, Thomas has embarrassed it more. Removal of CVC is a tedious and time consuming affair. Thomas seems to be taking advantage of this.

His fate will now be known after the final hearing in the apex court on January 27.