LexREFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA., REGARDING ENQUIRY AND REPORT ON THE ALLEGATIONS versus AGAINST SH M. MEGHA CHANDRA SINGH, CHAIRMAN, MANIPUR SERVICE COMMISSION.
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,, • -< REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION A OF INDIA., REGARDING ENQUIRY AND REPORT ON THE ALLEGATIONS AGAINST SR M. MEGHA CHANDRA SINGH, CHAIRMAN, MANIPUR SERVICE COMMISSION. FEBRUARY 18, 1994 [M.N. VENKATACHALIAH, CJ., S.R. PAND,IAN, S, MOHAN, G.N. RAY AND FAIZAN UDDIN, JJ.] B Co11stitution of India, 1950: Art. 317-Reference by the President of India-Chairman of Public Service Commission-Allegations, of mis- C behavioui-Whether could be removed from office-Evidence to be recorded by a Sitting Judge of High Cou~irections and g11ideli11es given. The President of India made a reference to this Court under Article 317 of the Constitution of India for inquiry and report as to whether 'M", D Chairman of Manipur Public Service Commission ought to be removed from office on the gro_und of misbehaviour. Various allegations were alleged against him including tampering with question papers and answer sheets of candidates in certain competitive exqminations, showing favour to candidates of his choice in the viva voce tests and receiving bribe. E During the pendency of the Reference, 'M' retired and the Govern- ment sanctioned his retiral benefits provisionally subject to the decision of this Court on the reference. 'M' contended that this reference would have far reaching implica- tions in so far as it gave credence to the fact of his retirement which was F allowed by the Governor. He also contended that the appointments made by him were never questioned by anyone and that the selectees have been holding their posts for more than 10 years; and that the allegation of taking bribe was false. This Court gave the following directions and guidelinces : G 1,. It is appropriate to adopt the procedure indicated in Ill Re Reference under Article 317( 1) of the Co11stitutio11 of India, (1983] 4 SCC 258. The inquiry contemplated under Article 317 is into the, facts themsel- ves so as to enable this Court to pronounce upon the question whether the u· 37 38 5UPREMECOURTREPORTS (1994] 2 S.C.R A allegations made against the Chairman of Manipur Public Service Com· mission are proved. Therefore, the evidence in relation to the reference will be recorded by a Sitting Judge of the High Court of Guwahati wh'l will be nominated by the Chief Justice of Gawahati High Court within four weeks. (41 A·B] 2. The affidavtis tiled in this Court will be treated as the examina- B !ion-in-chief of the respective witnesses. The evidence to be recorded will be llmited to the cross-examination of witnesses who have filed affidavits before this Court. In other words, no person who has not filed an affidavit in this Court will be examined or cr~ss-examined as a witness, except with the leave of this Court. Witnesses who have tiled affidavits in this Court C may be summoned or requested by the Judge to attend his Court for the purpose of cross-examination. The proceedings will normally be held in Guwahati. Evidence may, however, be recorded at any other place if the Judge considers it necessary or convenient. The question relating to the admissibility and relevance of a particular evidence will be decided by this Court. [ 41 C-GJ. D ADVISORY JURISDICTION : Special Reference No. 1 of 1985. Under Article 317(1) of the Constitution of India. Ms. Indira Jaising, P.H. Parekh and Ms. Bina Madhavan for the E Petitioner. F G H V.C. Mahajan and Ms. S. Janani for the Respondent. The following Order of the Court was delivered This is a reference dated 30.1.1985 under Artide 317 of the Constitu· tion of India by the President of India for inquiry and report as to whether Shri Megha Chandra Singh, Chairman of Manipur Public Service Comrnis· sion, ought, on the ground of misbehaviour to be removed from the office of the Chairman of the Commission. The order of reference reads as under : "Whereas the Chief Ministe.r of Manipur has reported to the Government of India that he had been receiving complaint from different sources against Shri Megha Chandra Singh, Chairman, Manipur Public Service Commission, expressing doubts about his r , REGO. ENQUIRY AGAINST M.M. CHANDRA MANIPUR SERVICE COMM. 39 honesty and integrity. And whereas the Government of India felt it necessary that it should conduct a probe into the allegations through a central agency with a view to collecting such evidencee as may be available A and to satisfy itself that there is indeed a prima facie case, it entrusted
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