NEW DELHI: Finding substance in allegations towards the Allahabad high courtroom Justice S N Shukla+ associated with the scientific admission scam, a three-judge in-house committee has really useful his removal to Chief Justice of India Dipak Misra.
Acting at the committee's recommendations and as consistent with paragraph 7(i) of the in-house procedure, the CJI urged Justice Shukla to either renounce or take voluntary retirement. However, Justice Shukla refused to do either. Left with no possibility, the CJI urged the Allahabad HC leader justice to withdraw judicial work from Justice Shukla with quick impact, a step which is able to clear the way for Justice Shukla's removal and for the CBI to sign up a case towards him in connection with the scientific admission scam which rocked the judiciary.
Justice Shukla, while heading a department bench within the HC, allegedly defied specific restraint orders passed by way of a CJI-led bench last 12 months to allow personal colleges to confess scholars for the 2017-18 instructional 12 months. Two proceedings, together with one from the recommend basic of the state, was once gained by way of the CJI on September 1 last 12 months and he arrange an in-house committee comprising Madras HC CJ Indira Banerjee, Sikkim HC CJ S K Agnihotri and MP HC Justice P K Jaiswal.
The inquiry committee said Justice Shukla had "disgraced the values of judicial life, acted in a manner unbecoming of a judge", reduced the "majesty, dignity and credibility of his office" and acted in breach of his oath of office.
As consistent with paragraph 7(ii) of the in-house procedure, the CJI will now counsel initiation of removal lawsuits towards Justice Shukla. Paragraph 7(ii) supplies, "In case the judge expresses unwillingness to resign or seek voluntary retirement, the chief justice of the high court concerned should be advised by the Chief Justice of India not to allocate any judicial work to the judge concerned and the President and the prime minister shall be intimated that this had been done because allegations against the judge were found by the committee to be so serious as to warrant initiation of proceedings for removal."
Once the CJI writes to the President and the PM recommending removal of an HC decide, the Rajya Sabha chairperson, who could also be the Vice-President, appoints a three-judge inquiry panel in consultation with the CJI below the Judges (Enquiry) Act, 1968, to seem into the allegations tested by way of the in-house committee. This inquiry panel will examine proof and record discovering which can shape the root for whether or not or now not removal movement be debated in Rajya Sabha.
In 2010, such an inquiry panel arrange by way of the Rajya Sabha chairperson had okayed initiation of removal lawsuits towards Calcutta HC Justice Soumitra Sen and the movement was once adopted by way of the upper House. The decide resigned earlier than Lok Sabha took up the removal movement towards him.
In the present example, after inquiring into allegations of favours granted by way of Justice Shukla to personal scientific colleges via judicial orders, the committee headed by way of Justice Banerjee gave a stinging document towards the sitting HC decide. The document, forwarded to Allahabad HC CJ D B Bhosale, said "the committee concludes that there is sufficient substance in the allegations" towards Justice Shukla and that the aberrations on his phase had been critical enough to warrant initiation of removal lawsuits.
On December eight last 12 months, CJI Misra had arrange the in-house committee to inquire into Justice Shukla's alleged role in granting permission to personal scientific colleges to confess scholars in spite of a firm Supreme Court ban. This alleged aberration by way of the HC decide resulted in a CBI probe into the scientific scam and arrest of an Orissa HC ex-judge I M Quddusi.
The CJI, then again, did not instantly give the CBI the go-ahead to sign up an FIR towards Justice Shukla as he believed the topic towards a sitting decide needed to be probed first by way of an in-house committee. In the sunshine of the Justice Banerjee-led committee's discovering that Justice Shukla was once certainly in charge of misconduct, the potentialities of the CJI permitting CBI to e book the Allahabad HC decide look brighter.
The issue of who got to hear a PIL tough an SIT probe into the scientific schooling scam led the CJI to reaffirm his power as the ultimate arbiter of allocation of circumstances to benches — one of the most triggers for the unrest among four seniormost judges and their remarkable press conference.
Acting at the committee's recommendations and as consistent with paragraph 7(i) of the in-house procedure, the CJI urged Justice Shukla to either renounce or take voluntary retirement. However, Justice Shukla refused to do either. Left with no possibility, the CJI urged the Allahabad HC leader justice to withdraw judicial work from Justice Shukla with quick impact, a step which is able to clear the way for Justice Shukla's removal and for the CBI to sign up a case towards him in connection with the scientific admission scam which rocked the judiciary.
Justice Shukla, while heading a department bench within the HC, allegedly defied specific restraint orders passed by way of a CJI-led bench last 12 months to allow personal colleges to confess scholars for the 2017-18 instructional 12 months. Two proceedings, together with one from the recommend basic of the state, was once gained by way of the CJI on September 1 last 12 months and he arrange an in-house committee comprising Madras HC CJ Indira Banerjee, Sikkim HC CJ S K Agnihotri and MP HC Justice P K Jaiswal.
The inquiry committee said Justice Shukla had "disgraced the values of judicial life, acted in a manner unbecoming of a judge", reduced the "majesty, dignity and credibility of his office" and acted in breach of his oath of office.
As consistent with paragraph 7(ii) of the in-house procedure, the CJI will now counsel initiation of removal lawsuits towards Justice Shukla. Paragraph 7(ii) supplies, "In case the judge expresses unwillingness to resign or seek voluntary retirement, the chief justice of the high court concerned should be advised by the Chief Justice of India not to allocate any judicial work to the judge concerned and the President and the prime minister shall be intimated that this had been done because allegations against the judge were found by the committee to be so serious as to warrant initiation of proceedings for removal."
Once the CJI writes to the President and the PM recommending removal of an HC decide, the Rajya Sabha chairperson, who could also be the Vice-President, appoints a three-judge inquiry panel in consultation with the CJI below the Judges (Enquiry) Act, 1968, to seem into the allegations tested by way of the in-house committee. This inquiry panel will examine proof and record discovering which can shape the root for whether or not or now not removal movement be debated in Rajya Sabha.
In 2010, such an inquiry panel arrange by way of the Rajya Sabha chairperson had okayed initiation of removal lawsuits towards Calcutta HC Justice Soumitra Sen and the movement was once adopted by way of the upper House. The decide resigned earlier than Lok Sabha took up the removal movement towards him.
In the present example, after inquiring into allegations of favours granted by way of Justice Shukla to personal scientific colleges via judicial orders, the committee headed by way of Justice Banerjee gave a stinging document towards the sitting HC decide. The document, forwarded to Allahabad HC CJ D B Bhosale, said "the committee concludes that there is sufficient substance in the allegations" towards Justice Shukla and that the aberrations on his phase had been critical enough to warrant initiation of removal lawsuits.
On December eight last 12 months, CJI Misra had arrange the in-house committee to inquire into Justice Shukla's alleged role in granting permission to personal scientific colleges to confess scholars in spite of a firm Supreme Court ban. This alleged aberration by way of the HC decide resulted in a CBI probe into the scientific scam and arrest of an Orissa HC ex-judge I M Quddusi.
The CJI, then again, did not instantly give the CBI the go-ahead to sign up an FIR towards Justice Shukla as he believed the topic towards a sitting decide needed to be probed first by way of an in-house committee. In the sunshine of the Justice Banerjee-led committee's discovering that Justice Shukla was once certainly in charge of misconduct, the potentialities of the CJI permitting CBI to e book the Allahabad HC decide look brighter.
The issue of who got to hear a PIL tough an SIT probe into the scientific schooling scam led the CJI to reaffirm his power as the ultimate arbiter of allocation of circumstances to benches — one of the most triggers for the unrest among four seniormost judges and their remarkable press conference.
CJI paves way for HC judge to be removed over admissions scam
![CJI paves way for HC judge to be removed over admissions scam]()
Reviewed by Kailash
on
January 30, 2018
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