ORDER : 1. This is a reference under Art. 317 of the Constitution of India to enquire into the conduct of a Member of Madhya Pradesh Public Service Commission, Indore. The procedure to be followed in cases of these types have been settled in Special Ref. No. 1 of 1983 (1983(3) S.C.R. p. 639). The points involved in this case are more or less same and we are of the opinion that the same procedure should be followed. We, therefore, direct that evidence in this case will be recorded by a learned Addl. District and Sessions Judge, Indore, who will be nominated by the Chief Justice of M.P. High Court. Such nomination will be made on or before 27th January, 1987. 2. In terms of above order said learned Judge will record the evidence which the parties lead before him, within the constraints of the following guidelines : (1) The affidavits and statements filed in this court will he treated as the examination-in-chief of the respective witnesses. Deponents of statements are to he administered oath before they are examined or cross-examined with reference to their statements. (2) The evidence to be recorded by the learned Judge will be limited to the cross-examination of witnesses who have filed affidavits or statement herein. In other words, no person who has not filed an affidavit or filed statement in this Court will be examined or cross-examined as a witness, except with the leave of this Court, and except to the extent mentioned hereunder. (3) Witnesses who have filed affidavits or filed statements may be summoned by the learned Judge to attend his Court for the purpose of cross-examination. The proceedings will be held in Indore on day-to-day basis. 3. The mere fact that the evidence of any particular witness is recorded by the learned Judge will not conclude the issue as regards the admissibility and relevance of the evidence so recorded will be decided by this Court during the hearing of the Reference. 4. We hope that all parties concerned will take care to avoid putting frivolous or scandalous questions to witnesses and will afford the necessary co-operation to the learned Judge for an expeditious termination of the proceedings before him. 5. All records of the Writ Petition No. 629/82 pending in the M.P. High Court will be produced before the learned Judge. The petitioner in the Writ Petition will also be examined.
5. All records of the Writ Petition No. 629/82 pending in the M.P. High Court will be produced before the learned Judge. The petitioner in the Writ Petition will also be examined. The respondent will also be entitled to cross examine him. The documents which are available at Indore, copies of the same would be made available to the Member within a fortnight. 6. Parties will appear before the learned Addl. District & Sessions Judge nominated by the Chief Justice of M.P. High Court on 2nd February, 1987 at 11 a.m. for carrying out these directions. The recording of evidence will commence soon thereafter. 7. Recording of evidence will proceed on day to day basis until the entire evidence is over. We expect the recording of evidence will be over by 7th March, 1987. The evidence so recorded should be transmitted to this Court immediately after the recording of evidence is over. Let the matter be placed for hearing on 13th March, 1987. 8. Issue notice in special leave petition to other private parties and after notice the case is to be listed on 13th March, 1987 for final disposal. 9. Copies of the evidence should be subject to verification by both the parties and in the meantime we direct that certain documents which are in Hindi should be got translated by the Member, Public Service Commission and circulated to the respondents.