SC Asks Centre to Reply on Plea to Strip Perks From Judges Who Resign to Dodge Removal
Supreme Court seeks Centre's response on a plea to deny retirement perks to constitutional functionaries, including judges, who resign to avoid removal proceedings.
The Supreme Court on Thursday sought the Union government's response to a petition demanding that constitutional functionaries who resign to escape removal proceedings be stripped of their retirement perks and benefits.
A three-judge Bench led by Chief Justice of India Surya Kant issued notice on the plea filed by petitioner Pratik Vora. The petition argues that the lack of any monetary or other deterrent encourages unconstitutional resignations by high-ranking officials, including judges.
The case gains significance in the wake of the recent resignation of Allahabad High Court judge Justice Yashwant Varma, who was facing parliamentary removal proceedings after half-burnt cash was allegedly found at his official residence during his tenure at the Delhi High Court.
The petition contends that those elected or appointed for a fixed tenure have a constitutional obligation to complete it. While they are shielded from arbitrary removal, they must equally face the transparent procedure of removal if accused of misconduct. Resigning to avoid such a process, the plea states, defeats the confidence reposed in these functionaries and betrays the expected probity in public life.
It further argues that judges are subject to the Judges Inquiry Act, while other functionaries face separate procedural requirements for removal. The petition seeks a direction that anyone who resigns to avoid these processes should not be entitled to the perks and incidental facilities attached to the office they held.