- (1.) This is a reference under Art. 317 of the Constitution of India to enquire into the conduct of a Member of Madhya Pradesh Public Service Commission, Indore. The procedure to be followed in cases of these types have been settled in Special Ref. No. 1 of 1983 (1983(3) S.C.R. p. 639). The points involved in this case are more or less same and we are of the opinion that the same procedure should be followed. We, therefore, direct that evidence in this case will be recorded by a learned Addl. District and Sessions Judge, Indore, who will be nominated by the Chief Justice of M.P. High Court. Such nomination will be made on or before 27th January, 1987.
(2.) In terms of above order said learned Judge will record the evidence which the parties lead before him, within the constraints of the following guidelines : (1) The affidavits and statements filed in this court will he treated as the examination-in-chief of the respective witnesses. Deponents of statements are to he administered oath before they are examined or cross-examined with reference to their statements. (2) The evidence to be recorded by the learned Judge will be limited to the cross-examination of witnesses who have filed affidavits or statement herein. In other words, no person who has not filed an affidavit or filed statement in this Court will be examined or cross-examined as a witness, except with the leave of this Court, and except to the extent mentioned hereunder. (3) Witnesses who have filed affidavits or filed statements may be summoned by the learned Judge to attend his Court for the purpose of cross-examination. The proceedings will be held in Indore on day-to-day basis.
(3.) The mere fact that the evidence of any particular witness is recorded by the learned Judge will not conclude the issue as regards the admissibility and relevance of the evidence so recorded will be decided by this Court during the hearing of the Reference.;