(1) Where the Inquiry Committee, or the majority of the members thereof, makes a finding to the effect that the Judge is guilty of any misbehaviour or that the Judge suffers from an incapacity, the Secretary of the House of the People or the Council of States, as the case may be, shall prepare, in duplicate, an address in Form II.
(2) A copy of the motion admitted under sub-section (1) of section 3 shall be reproduced as an Annexure to such address.
(3) The Speaker, or In his absence the Deputy Speaker, or the Chairman, or in his absence the Deputy Chairman, as the case may be, shall fix a day for the consideration by the House of the People or the Council of States, as the case may be, of the address prepared under sub-rule (1), and such day shall be so fixed that the address may be supported by both Houses of Parliament in the same session,
(4) The address, prepared under sub-rule (1), and the motion, shall be put to vote together in each House of Parliament.
(5) If the address referred to In sub-rule (1) is supported by a majority of the total membership of the House of the People or the Council of States, as the case may be, and by a majority of not less than two-thirds of the members of that House present and voting, the address shall be transmited, as expeditiously as possible, to the other House of Parliament with a message to the effect that the address has been so supported.
(6) The Secretary of the House of the People or the Council of States, as the case may be, In which the address is so supported, shall, before transmitting the address to the other House, make the following certificate on the top of the address, namely:— "Certified that at a sitting of the House of the People/Council of States held on the the under-mentioned address was supported by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of the House present and voting at such sitting.
Secretary",
(7) When the message referred to In sub-rule (5) is received by the House of the People or the Council of States, as the case may be, the Speaker, or in his absence the Deputy Speaker, or the Chairman, or in his absence the Deputy Chairman, as the case may be, shall fix a day for the consideration of the address which has been supported by the other House and such day shall be so fixed that the address may be supported by both Houses of Parliament In the same session.
Set. Hi)) THE GAZHU'i'£- 01" INDIA EXIRAOKUUNAKX 0 2 1 17 Presentation of address ti> tue JVI evident—(1) When the address is supported by eacn House of Parnameni py me majorities specilied in clause (4) oi article U4 ot the Constitution, tne Speaker, or in ills absence, the Deputy Speaker, and the Chairman, or in his absence, the .Deputy Chairman, shall separately prepare, in duplicate, the address as supported Dy Doth Houses of Parliament, and shall separately authenticate the same uy appending thereon a certificate to the follow ing effect, namely:— "Certified that at a sitting of the House of the People/Council of States held on the , the address specified above was supported by the House of the People/Council of States by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of the House present and voting at such sitting."
(2) A copy of the address, as authenticated in the manner specified in subrule (1), shall be separately presented by the—
(a) Speaker, or in his absence, the Deputy Speaker,
(b) Chairman, or in his absence, the Deputy Chairman, to the President as expeditiously as possible, and, in any case, before the expiry of the session in which the address is so supported.
(3) The duplicate copy of the authenticated address shall be kept in the House of the People or the Council of States, as the Case may be, for Its record.
THE SCHEDULE [See rule 2(c)] FORM I [See rule 5(1)] To Shrl Judge, Supreme Court of India/High Court at Whereas a motion for presenting an address to the President praying for your removal from your office as a Judge of the Supreme Court/High Court at has been admitted by the Speaker of the House of the People/Chairman of the Council of States;
And whereas the Speaker or the Chairman, or both, has/have constituted an Inquiry Committee with me, a Judge of the Supreme Court of India, as the pre siding officer thereof for the purpose of making an investigation into" the grounds on which your removal has been prayed for;
And whereas the Inquiry Committee has framed charges against you on the basis of which Investigation is proposed to be held;
You are hereby requested to appear before the said Committee in person, or by a pleader duly instructed and able to answer all material questions relating to the inquiry, on the day of at O'clock in the forenoon/afternoon to answer the charges;
As the day fixed for your appearance is appointed for the final disposal of the charges levelled against you, you are requested to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in sunnort at your defence, Please take notice that in the event of any default in your appearance on the day afore-mentioned, the investigation into the grounds on which your removal has been praxod tar s h a n D e m a c J e i n y o u r a b s e n c e 622 THE GAZETTE OF INDIA EXTRAORDINARY [PART Jl— Given under my hand this day Presiding Officer, Inquiry Committee.
Enclosures:—
1. A copy of the charges framed under sub-section (3) of section 3 of the Act.
2. Statement of grounds on which each charge is based.
NOTE: Strike out the words which are not applicable- FORM II [See rule 16(1)] Whereas a notice was given of a motion for presenting an address to the Presi dent praying for the removal of Shrl , from his office as a Judge of the Supreme Court of India/High Court at by members of the House of the People/Council of States/both Houses of Parliament (as specified in the Annexure 'A' attached herewith);
And whereas the said motion was admitted by the Speaker of the House of the People/Chairman of the Council of States/both by the Speaker of the House of the People and the Chairman of the Council of States;
And whereas an Inquiry Committee consisting of—
(a) Shrl , a Judge of the Supreme Court of India,
(b) Shrl , Chief Justice of the High Court at and
(c) Shrl , a distinguished jurist, was appointed by the Speaker of the House of the People/Chairman of the Council of States/both by the Speaker of the House of the People and the Chairman of the Council of States, for the purpose of making an investigation into the grounds on which the removal of the said Shrl from his office as a Judge of the Supreme Court of India/High Court at has been prayed for;
And whereas the said Inquiry Committee has, after an investigation made by it, submitted a report containing a finding to the effect that Shrl : is guilty of the misbehaviour /suffers from the incapacity specified in such report (a copy of which Is enclosed and marked as Annexure 'B');
And whereas the motion afore-mentioned, having been adopted by the House of the People/Council of States in accordance with the provisions of clause (4) of article 124 of the Constitution of India, the misbehaviour/incapacity of the said Shrl is deemed, under sub-section (3) of section 6 of the Judges (Inquiry) Act, 1968, to have been proved;
Now, therefore the House of the People/Council of State requests the Presi dent to pass an order for the removal of the said Shrl from his office as a Judge of the Supreme Court of India/High Court at Speaker /Deputy Speaker of the House of the People.
Chairman/Deputy Chairman of the Council of States.
NOTE: Strike out the words which are not applicable- Sue. 3(1)] THE GAZETTE OF INDIA EXTRAORDINARY 623 ANNEXUHE 'A' [See rule 16(2)] (A copy of the motion should be reproduced here) ANNEXURE 'B' (A copy of the report of the Inquiry Committee should be enclosed and marked as Annexure 'B') .
[No. 50/5/CI/69.]
S. L. SHAKDHER, Secy.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, MINTO HOAD, NEW DELHI AND PUBLISHED BY THE MANAGER OP PUBLICATIONS, DELHI, 1969