P R NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The constitution and continuance of the one-man Commission presided over by Justice J. N. Takru, hereinafter referred to as "the Commission", has been challenged by the petitioner P. R. Nayak on various grounds. Respondent No. 1 to this petition is the Union of India through the Secretary to the Government of India, Ministry of Petroleum and Chemicals and respondent No. 2 is Justice J. N. Takru himself. The petitioner, a Government servant, was, at the relevant time, the Managing Director of the Indian Refineries Limited, a public sector undertaking, now merged with the Indian Oil Corporation, another public sector undertaking.

(2.) Shortly stated, the Commission was appointed to inquire into alleged irregularities in the grant of contracts and in the actual construction of the Gauhati-Siliguri and Haldia-Barauni-Kanpur Pipelines and in the payments made to two contractors, namely, (1) Bechtels as Design Engineers and over-all Supervisors in Gauhati-Siliguri Pipeline and as Design Monitors and Project Managers in Haldia-Barauni-Kanpur Pipeline and (2) Snam-Saipem for contructing Gauhati- Siliguri and Haldia-Barauni-Kanpur Pipelines.

(3.) It is not disputed that the appointment of the Commission was preceded by the report dated April 29, 1970, of the Parliamentary Committee on Public Undertakings which had, infer aha, recommended to Government,-