Full Judgment Text
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CASE NO.:
Special Reference Case 1 of 2003
PETITIONER:
Ref.U/Article 317(1)for Inquiry & Report on Dr. H.B. Mirdha, Chairman, O.P.S.C
RESPONDENT:
.............
DATE OF JUDGMENT: 05/08/2005
BENCH:
CJI R.C. Lahoti,D.M. Dharmadhikari & G.P. Mathur
JUDGMENT:
O R D E R
This is a Reference under Article 317(1) of the Constitution
of India initiated by the President of India calling for an inquiry
into the alleged misbehaviour of Dr. H.B. Mirdha, the then
Chairman of the Orissa Public Service Commission. Before the
Court closed for summer vacation, the learned counsel appearing
in the case were heard on the preliminary objection raised on
behalf of the respondent, laying challenge to the maintainability
of the Reference itself. Orders were reserved. However, we find
some essential factual information missing, on availability
whereof, we would like to hear all the learned counsel on the
necessary aspects of the preliminary objection, reflected in the
issues which we frame hereunder.
First, on point of fact we would like the Union of India to
supply the information and clarify if, before making the
Reference to this Court, was there any advise by the Council of
Ministers tendered to the President of India within the meaning
of Article 74 of the Constitution?
On such information being made available in three weeks,
we would like to hear the learned Attorney General for India as
also all the learned counsel appearing in the case on the
following issues :-
(1) Whether the applicability of Article 74 of the
Constitution is attracted to a Reference made
by the President under Article 317(1) of the
Constitution?
(2) (a) If ’yes’, at what stage?
(b) Whether the initiation of Reference by the
President under Article 317(1) must be
preceded by the advise of the Council of
Ministers under Article 74?
(c) Whether the applicability of Article 74 is
attracted to Article 317 only when the Report
on Inquiry held by the Supreme Court has
been received by the President and a decision
for removal or otherwise is to be taken by the
President.
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List after four weeks.