New Delhi: Government is unlikely to accede
to the request of Justice PD Dinakaran, facing impeachment
proceedings for alleged graft, for withdrawal of his
resignation.
Sources said government is understood to have sent its
opinion to the President who had sought clarifications on the
issue.
It is learnt that the Law Ministry has cited precedents
and the Supreme Court judgements to suggest that no review was
possible.
"Article 217 of the Constitution merely states about the
appointment and removal of judges but there are no rules
regarding withdrawal of resignation," officials pointed.
They said that in Presidential appointments, once the
resignation is sent it is accepted automatically.
Judges of High Courts and the Supreme Court are
appointed by the President.
Sources also referred to a 1978 Supreme Court judgement
which said "in the case of a High Court judge, who is a
constitutional functionary having under Article 217(1) of the
Constitution a unilateral right or privilege to resign, his
resignation becomes effective on the date from which he, of
his own volition, chooses to quit office".
The government had considered the issue of Justice
Dinakaran as closed after it appointed Justice Sonam Phintso
Wangdi as the acting Chief Justice of the Sikkim High Court.
In his letter to the President, Justice Dinakaran is
understood to have said that he is willing to reconsider his
decision to resign in case he was assured of a fair hearing
and if his "grievances" are addressed.
PTI
First Published: Friday, August 12, 2011, 22:47