Impechment
Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
i want to know that as the hon'ble mr justice somitra sen has been resigned, can the loksabha proceed in the impechment proceeding ?
Sailesh Kumar Shah
(Expert) 05 September 2011
yes, unless it is dropped by the central government.
Sailesh Kumar Shah
(Expert) 05 September 2011
Dear Anonymous,
can we know that why are you posting under "Annoymous". I think that there is no need.
Guest
(Expert) 05 September 2011
If a central Government employee resigns from his post prior to initiation of any disciplinary action, his resignation has to be accepted as per the Government Rules.
However, his conduct becomes liable to be investigated within the four years prior to the start of the proceedings. But, here since the case is very old (probably pertaining back to eightees), justice Soumitra Sen seem to be in advantageous position.
Moreover, the Government does not seem to be in a position to risk its position by taking confrontation with the judiciary in the wake of loss of its image in Anna's recent anti-corruption movement.
prabhakar singh
(Expert) 05 September 2011
Impeachment!!
is not an ordinary matter of an employee.
$$Its' a CONSTITUTIONAL MATTER $$
Impeachment literally means being charged for misconduct. Under the constitution, judges, chief justices of the Supreme Court and high courts can only be removed after being charged with “proven misconduct and incapacity” by the president of India on a motion adopted in both houses of parliament by two-thirds majority.
The procedure is
Each Rajya Sabha member will vote on the impeachment motion against Justice Sen, who is the first judge to face impeachment proceedings in the Rajya Sabha. Since the MPs will be acting as jury members they will face no whip.
The motion will be passed if at least 50 percent of the MPs are present and two-thirds of them vote for the motion. If the Rajya Sabha passes the motion, it will then go to the Lok Sabha within a week.
Hence not comparable with any central government employee resignation termination procedure.
Devajyoti Barman
(Expert) 05 September 2011
Yes Mr Singh.
Moreover the academic questions should be discouraged here.
prabhakar singh
(Expert) 05 September 2011
True it is Mr. Barman !
When i was new i was discouraging it here but i noticed many were entertaining which caused me confused,since then either i agree or disagree with a view expressed or when found untouched by any i express one of mine.
Raj Kumar Makkad
(Expert) 05 September 2011
Yes is the only answer to your query, the reasons have been discussed in detailed replies of various experts.
Guest
(Expert) 05 September 2011
though it is academic in nature here it is practically applied by parliament in second time in the judicial history of impeachment.
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