Research › Browse › Judgment

Supreme Court of India · body

2005 DIGILAW 641 (SC)

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION RE H. B. MIRDHA (DR. ), CHAIRMAN, ORISSA PUBLIC SERVICE COMMISSION, IN RE (II) v. .

2005-03-29

G.P.MATHUR, P.K.BALASUBRAMANYAN, R.C.LAHOTI

body2005
ORDER 1. This is a reference made by the President of India under Article 317(1) of the Constitution. On 10-1-2005 there were three preliminary objections raised by the learned counsel for the respondent against the maintainability of the reference itself. 2. We have heard the learned Additional Solicitor General for the Union of India, as also the learned counsel for the respondent on the preliminary objections. We are of the opinion that no hearing or opportunity of showing cause against the proposed reference under Article 317 (1) is necessary before making the reference. The first objection is overruled. 3. We have perused the contents of the reference and the accompanying documents. The reference refers to the complaints annexed with reference wherefrom the facts constituting the ground of alleged "misbehaviour" within a the meaning of Article 317(1) are clearly stated. We hold that the reference is not vague. The second preliminary objection is also overruled. 4. So far as the third preliminary objection is concerned, the hearing thereon is postponed. Let the learned Additional Solicitor General file a statement setting out the charge and the facts forming basis thereof which may need to be inquired into consistently with the procedure laid down by this Court in the case of Reference under Article 317( 1), in re1. The learned Additional Solicitor General assures to do so within two weeks under copy to the respondents counsel. 5. List the matter after three weeks for hearing on the third preliminary objection.