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CASE NO.: Special Reference Case  1 of 2003

PETITIONER: Ref.U/Article 317(1)for Inquiry & Report on Dr. H.B. Mirdha, Chairman, O.P.S.C

RESPONDENT: .............

DATE OF JUDGMENT: 05/08/2005

BENCH: CJI R.C. Lahoti,D.M. Dharmadhikari & G.P. Mathur

JUDGMENT: O R D E R

This is a Reference under Article 317(1) of the Constitution  of India initiated by the President of India calling for an inquiry  into the alleged misbehaviour of Dr. H.B. Mirdha, the then  Chairman of the Orissa Public Service Commission.  Before the  Court closed for summer vacation, the learned counsel appearing  in the case were heard on the preliminary objection raised on  behalf of the respondent, laying challenge to the maintainability  of the Reference itself.  Orders were reserved.  However, we find  some essential factual information missing, on availability  whereof, we would like to hear all the learned counsel on the  necessary aspects of the preliminary objection, reflected in the  issues which we frame hereunder.

       First, on point of fact we would like the Union of India to  supply the information and clarify if, before making the  Reference to this Court, was there any advise by the Council of  Ministers tendered to the President of India within the meaning  of Article 74 of the Constitution?   

On such information being made available in three weeks,  we would like to hear the learned Attorney General for India as  also all the learned counsel appearing in the case on the  following issues :-

(1)     Whether the applicability of Article 74 of the  Constitution is attracted to a Reference made  by the President under Article 317(1) of the  Constitution?

(2)  (a)        If ’yes’, at what stage?         (b)       Whether the initiation of Reference by the  President under Article 317(1) must be  preceded by the advise of the Council of  Ministers under Article 74?

                (c)     Whether the applicability of Article 74 is  attracted to Article 317 only when the Report  on Inquiry held by the Supreme Court has  been received by the President and a decision  for removal or otherwise is to be taken by the  President.

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       List after four weeks.