REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA., REGARDING ENQUIRY AND REPORT ON THE ALLEGATIONS versus AGAINST SH M. MEGHA CHANDRA SINGH, CHAIRMAN, MANIPUR SERVICE COMMISSION.

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA., REGARDING ENQUIRY AND REPORT ON THE ALLEGATIONS versus AGAINST SH M. MEGHA CHANDRA SINGH, CHAIRMAN, MANIPUR SERVICE COMMISSION.

The Supreme Court held it appropriate to adopt the procedure as indicated in In Re Reference under Article 317(1) of the Constitution of India, [1983] 4 SCC 258, and directed that evidence relating to the reference be recorded by a sitting Judge of the Gauhati High Court to be nominated by its Chief Justice. The admissibility and relevance of evidence will be decided by the Supreme Court itself.

Parties
Petitioner: President of India; Respondent: Shri Megha Chandra Singh
Jurisdiction
India
Judgment Date
18 February 1994
Procedural Posture
Reference Under Article 317(1) of the Constitution of India / Order on Directions for Inquiry Procedures
Outcome
Petition disposed of; directions issued for inquiry and evidence recording under prescribed guidelines.
Legal Topics
Removal of Public Service Commission Chairman, Misbehaviour Under Article 317, Admissibility of Evidence in Supreme Court References
Administrative Law Constitutional Law Removal of Public Service Commission Chairman Misbehaviour Under Article 317 Admissibility of Evidence in Supreme Court References

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Parties

President of India

Petitioner

Shri Megha Chandra Singh

Respondent

Procedural Posture

Reference Under Article 317(1) of the Constitution of India / Order on Directions for Inquiry Procedures

Legal Issues

  1. 1 Whether Shri Megha Chandra Singh, Chairman, Manipur Public Service Commission, ought to be removed from office on the ground of misbehaviour as per Article 317(1) of the Constitution of India.

Ratio Decidendi

The Supreme Court held it appropriate to adopt the procedure as indicated in In Re Reference under Article 317(1) of the Constitution of India, [1983] 4 SCC 258, and directed that evidence relating to the reference be recorded by a sitting Judge of the Gauhati High Court to be nominated by its Chief Justice. The admissibility and relevance of evidence will be decided by the Supreme Court itself.

Court Disposition

Petition disposed of; directions issued for inquiry and evidence recording under prescribed guidelines.

Orders

  • Evidence in relation to the reference to be recorded by a sitting Judge of the Gauhati High Court, nominated by the Chief Justice within four weeks.
  • Affidavits filed in the Supreme Court to be treated as examination-in-chief.