Resignation only option before Justice Varma to avoid removal by Parliament, rules say
Justice Yashwant Varma
, resignation is the only option left for the
Allahabad High Court
judge to avoid removal by
Parliament
.
The inquiry committee comprises
Supreme Court
judge Aravind Kumar, Madras High Court Chief Justice Manindra Mohan Shrivastava and senior Karnataka High Court advocate B V Acharya.
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"The committee will submit its report as early as possible. The proposal (for removal of
Justice Varma
) will remain pending till the receipt of the report of the inquiry committee," Birla told Lok Sabha on Tuesday.
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Birla said he had received a proposal from 146 Lok Sabha members, including BJP's Ravi Shankar Prasad and Leader of Opposition Rahul Gandhi, seeking removal of Justice Varma on July 21.
Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the House, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation.
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Should he decide to resign, he will get pension and other benefits entitled to a retired high court judge.
But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted.
According to Article 217 of the Constitution, a high court judge "may, by writing under his hand addressed to the President, resign his office".
A judge's resignation does not require any approval. A simple resignation letter is sufficient.
A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office.
Removal by Parliament is the other way a judge can vacate office.
Then
Chief Justice of India
Sanjiv Khanna had written to the president and the prime minister to remove Justice Varma, mired in the cash discovery row.
Justice Khanna's report was based on the findings of a three-judge in-house panel which investigated the case.
Justice Khanna had prodded Varma to resign but he had refused, sources had earlier said.
According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought.
The committee consists of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts and a " distinguished jurist".
According to the rule, a committee has to be constituted and then the committee has to submit a report and the report will be tabled in the House and discussions will start to impeach.
A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the
Delhi High Court
, had led to the discovery of several burnt sacks of cash at the outhouse.
Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement.
The apex court has since repatriated him to his parent high court, the Allahabad High Court, where he has not been assigned any judicial work.
Supreme Court judge V Ramaswami and Calcutta High Court judge Soumitra Sen had earlier faced
impeachment proceedings
but they resigned.
Justice Varma's will be the first ever impeachment proceeding to be taken up in the new Parliament building.
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