Supreme Court of India · 2005-08-05
Reference Under Article 317(1) Of The ... vs Unknown
- Citation / case number
- JT2005(7)SC167
- Court
- Supreme Court of India
- Petitioner
- Reference Under Article 317(1) Of The ...
- Respondent
- Unknown
- Bench
- R.C. Lahoti, D.M. Dharmadhikari, G.P. Mathur
Judgment text excerpt
The Supreme Court is considering a Reference under Article 317 of the Constitution regarding the alleged misbehavior of Dr. H.B. Mirdha, former Chairman of the Orissa Public Service Commission. The Court has raised preliminary objections concerning the maintainability of the Reference, specifically whether the President of India received advice from the Council of Ministers as required under Article 74 before making the Reference. The Court seeks clarification on the applicability of Article 74 in relation to Article 317, including the timing and necessity of such advice in the process of inquiry and potential removal.