JOGINDER SINGH TOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition has been filed by two Advocates of this Court. Briefly, the facts giving rise to this petition, are as follows:- Justice V. Ramaswami, a Judge of the Madras High Court was transferred to this Court and was appointed as Chief Justice of this Court. He assumed charge as Chief Justice on 12th of November, 1987 and remained Chief Justice of this Court till 6th of October 1989 when he was elevated as a Judge of the Supreme Court of India.

(2.) On 27th of February 1991, a notice of motion signed, by Prof. Madhu Dandavate and 107 members of the Lok Sabha was submitted to the Speaker for presenting an address to the President of India for removal of Justice V. Ramaswami from the office of the Judge of the Supreme Court of India under Arts. 124 sub-clause (4) of the Constitution of India read with S. 3 of the Judges (Inquiry) Act, 1968. The Speaker of the Lok Sabha after considering the notice of motion mentioned above, admitted the notice; and in pursuant to sub-section (2) of S. 3 of the Judges (Inquiry) Act, 1968 the then Speaker, constituted for the purpose of making an investigation into the grounds on which the removal of Justice V. Ramaswami was prayed for, a Committee, consisting of Mr. Justice P. B. Sawant, a Judge of the Supreme Court of India as a Presiding Officer; Mr. Justice P. D. Desai, Chief Justice of the High Court of Bombay and Mr. Justice O. Chinnappa Reddy, former Judge, of the Supreme Court of India.

(3.) On 20th of July 1992, the Committee appointed by the Speaker submitted its report against Mr. Justice V. Ramaswami and it found certain charges having been proved against him.