CJI paves method for HC decide to be eliminated over admissions rip-off

Medicine students

Medicine students

Justice Shri Narayan Shukla had come under adverse notice before a Supreme Court Bench headed by Chief Justice of India Dipak Misra past year. "Source has also informed that Shri I.M Quddusi and Shri B.P Yadav met Hon'ble Justice Shri Narayan Shukla in the morning of 25.08-2017 at his residence in Lucknow regarding the matter and delivered illegal gratification". His position has paved the way for the CJI to recommend his removal.

Sources said the CJI advised the chief justice of the Allahabad high court to withdraw judicial work from Justice Shukla, who refused to resign or take voluntary retirement after he was informed about the adverse finding against him.

On December 8 previous year, CJI Misra had set up the in-house committee to inquire into Justice Shukla's alleged role in granting permission to private medical colleges to admit students despite a firm Supreme Court ban.

In the current instance, after inquiring into allegations of favours granted by Justice Shukla to private medical colleges through judicial orders, the committee headed by Justice Banerjee gave a stinging report against the sitting HC judge.

When the CJI writes to the president and prime minister for removal of a high court judge, the Rajya Sabha chairperson appoints a three-judge inquiry committee in consultation with the CJI under the provisions of the Judges (Enquiry) Act, 1968 to look into the allegations.

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As per the Constitution, a judge can be removed only on the ground of proven misbehaviour or incapacity.

Two complaints, including one from the advocate general of the state, was received by the CJI on 1 September, 2017 and the then CJI had constituted an in-house committee.

Justice Radhakrishnan who presided over the bench that sent Sahara chief Subrata Roy to jail and was also part of bench that had heard Vodafone tax matter, pointed to the "history of cases being assigned to benches having judges with lesser number of years in the top court".

After the motion is passed by both the Houses of Parliament by special majority, an address is presented to the President for removal of the judge.

The CBI then conducted several raids and found that all the accused had hatched a criminal conspiracy to obtain judicial orders from High Courts and the Supreme Court in favour of the trust.

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