- (1.) Although, the prayers made in this petition filed under Article 32 of the Constitution are for quashing order dated 24.4.2011 passed by the Committee constituted by the Chairman of the Council of States (Rajya Sabha) under Section 3(2) of the Judges (Inquiry) Act, 1968 (for short, "the Act") and for grant of a declaration that the proceedings conducted by the Committee on 24.4.2011 are null and void, the tenor of the grounds on which these prayers are founded shows that the petitioner is also aggrieved by the inclusion of respondent No.3-Shri P.P. Rao, Senior Advocate, Supreme Court of India in the Committee under Section 3(2)(c) of the Act.
(2.) Fifty members of the Rajya Sabha submitted a notice of motion for presenting an address to the President of India for removal of the petitioner, who was then posted as Chief Justice of the Karnataka High Court, under Article 217 read with Article 124(4) of the Constitution of India. The notice enumerated the acts of misbehaviour allegedly committed by the petitioner and was accompanied by an explanatory note and documents in support of the allegations. After the motion was admitted, the Chairman of the Rajya Sabha (hereinafter referred to as, "the Chairman") constituted a Committee comprising Mr. Justice V.S. Sirpurkar, Judge, Supreme Court of India, Mr. Justice A.R. Dave, the then Chief Justice of Andhra Pradesh High Court and respondent No.3.
(3.) Immediately after issue of notification dated 15.1.2010 under Section 3(2) of the Act, the newspapers carried reports suggesting that there was an objection to the inclusion of respondent No.3 in the Committee on the ground that he had given legal opinion to the petitioner in December, 2009. On reading the newspaper reports, respondent No.3 sent letter dated 19.1.2010 to the Chairman with the request that he may be relieved from the Committee. Paragraph 2 of that letter reads as under: "Although, there is no conflict of duty and interest, as I did not render any professional service to him, there is a demand from certain quarters for my recusal which you might have noticed in today's Hindustan Times. I am sure you will appreciate that justice should not only be done but also seen to be done. Even though I have no official communication as yet about my nomination, it will not be proper for me to function as a member of the Committee in the fact of such objection. I request you to kindly relieve me forthwith and nominate another jurist in my place and oblige." ;