Saturday, September 03, 2011: According to reports controversial
Calcutta high court Judge Justice Soumitra Sen’s resignation is being
accepted that may render the impeachment proceedings against him in the
Lok Sabha on Monday infructuous.
A lawyer on behalf of Sen handed over the handwritten resignation
letter to the President’s secretary Christy Fernandez this morning and
it was “in order”.
Official sources said that since the resignation letter was in
accordance with the requirements unlike the earlier letter sent by him
through fax, the President forwarded to the law ministry for formalities
to be undertaken for acceptance.
Under the Constitution, a judge may, by writing under his hand, addressed to the President, resign his office.
A constitutional entity is free to tender his resignation on his own
volition and action and there is no acceptance involved, the sources
said, adding it comes into effect immediately if the resignation is in
order.
Sen’s lawyer Subhash Bhattacharya said that Sen wrote in his
resignation letter: “I was elevated as a judge of Calcutta High Court on
3rd of December 2003. I hereby tender my resignation. Please accept my
resignation.”
With the acceptance formalities being completed, the Lok Sabha may
drop the impeachment proceedings against Sen once formal communication
is received from the government.
Rajya Sabha had on August 18 overwhelmingly voted to impeach the
judge for “misconduct” and “misappropriation of funds” as a court
receiver.
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