53 of 19th March, 1991.
Accordingly, by this numberification, the State Government replaced Justice S.T. Ramalingam with Justice G.G. Sohani, retired Chief Justice of Patna High Court as the sole member of the Commission of Inquiry.
By order and in the make of the Governor of Madhya Pradesh In this manner, the State Government after replacing Justice S.T. Ramalingam first by Justice G.G. Sohani, thereafter replaced him by Justice Kamlakar Choubey, a retired Judge of the Allahabad High Court, as the sole member of the Commission.
Consequently, the High Court dismissed that writ petition as infructuous on 5.9.1991.
Whereas in exercise of the powers companyferred by sub section 3 of Section 3 of the Commissions of Enquiry Act, 1952 No.
The terms of reference for inquiry by the aforesaid Agency shall be as under How the affairs of the Churhat Children s Welfare Society are companyducted and how the share of the profit derived and the money companylected through lottery has been utilised ?
It was caused because of the litigation arising out of the appointment of Justice Sohani which was since been decided.
By an interim order dated 30.7.1991 passed by the High Court, the operation of the above numberification dated 10.7.1991 was stayed.
Just Ramalingam mentioned in that letter some of the facilities he expected, to which he would number be entitled from the Government of Tamil Nadu on his retirement.
LX of 1952 Justice Shri G.G. Sohani, retired Chief Justice, High Court of Patna Bihar was appointed as single member of an independent high power agency companystituted under this department numberification No.
The High Court has allowed both these writ petitions.
F.1 6 91 I 8 Ka , dated the 10th July 1991 And whereas Justice Shri G.G. Sohani, retired Chief Justice, High Court of Patna Bihar has since withdrawn his companysent to work as single member of the said agency Now, therefore, in exercise of the powers companyferred by sub section 3 of Section 3 of the Commissions of Enquiry Act, 1952 No.
By order and in the name of the Governor of Madhya Pradesh K. Misra, Secy.
The numberification dated 10.7.1991 Annexure H and the companysequent numberification based thereon dated 9.1.1992 Annexure M are hereby quashed.
The material facts are these.
The remaining significance of the validity of the numberification dated 10.7.1991 appointing Justice G.G. Sohani relates only to the State Governments power to appoint another person in place of Justice S.T. Ramalingam in the above circumstances.
LX of 1952 , read with Section 21 of the General Clause Act, 1987 No.
The High Court allowed the writ petitions and quashed the numberification dated 9.1.1992 appointing Justice Kamlakar Choubey.
By order and in the name of the Governor of Madhya Pradesh, C. Shrivastava, Secy.
On careful companysideration of all aspects mentioned in your companymunications it has number been possible for the State Government to accept the terms and companyditions set out in your letter of 19th March for taking up the work of the above mentioned Enquiry Commission after your superannuation.
F.1 3 89 I i E.C., dated the 24thFebruary 1989 an independent High Power Agency presided over by Shri S.T. Ramalingam, Judge of the Madras High Court has been set up to hold an inquiry into the affairs of the Churhat Childrens Welfare Society And whereas the State Government having regard to the nature of the inquiry to be made and other circumstances of the case is of the opinion that provisions companytained in sub sections 2 to 5 of Section 5 of the Commissions of Inquiry Act, 1952, should be made applicable to the aforesaid Agency Now,therefore, in exercise of the powers companyferred by sub section 1 of Section 5 of the Commissions of Inquiry Act, 1952, the State Government hereby directs that the provisions of sub sections 2 to 5 of Section 5 of the said Act shall apply to the above described Agency.
The challenge of the writ petitioners before the High Court was that during the companytinuance as the single member of the Commission of Inquiry of Justice S.T. Ramalingam, there was numberpower in the State Government to replace him as the member of the Commission and, therefore, the appointment first of Justice G.G. Sohani and on his refusal, of Justice Kamlakar Choubey, being without any authority, was invalid.
The State Government have also companysidered the terms and companyditions mentioned in your letter of 19th March, 1991.
The objection to locus standi for the writ petitioners was also rejected.
The Chief Secretary R.P. Kapoor sent a reply to Justice Ramalingam by DO No.
While the promised reply from the State Government Justice Ramalingam was awaited, the State Government, without further reference to Justice Ramalingam, issued a numberification dated 10.7.1991 as under Bhopal, the 10th July, 1991 No.
Accordingly this Department Notification Nos.
Whether any irregularities, illegalities and offences were companymitted in organizing the lottery, holding of draws of lottery, distribution of prizes, and in that event, the person responsible for the same Any other matter incidental or companynected with the above subject matter of enquiry.
From the Judgment and Order dated 8.5.1992 of the Madhya Pradesh High Court in Misc.
In Miscellaneous Petition No.
It was only thereafter that the Chief Secretary of the State Government sent a letter dated 12.9.1991 in companytinuation of his earlier letter dated 9.4.1991 to Justice Ramalingam which is as under This is in companytinuation to my earlier letter No.
I F.1 3 89 I i E.C. dated the 24th February 1989, 2 F.1 3 89 1 i E.C., dated the 24th February 1989 and F.1 3 89 I i E.C. dated the 24th February 1989, shall stand amended to this extent.
Yours sincerely, P. Kapoor The State Government thereafter issued another numberification dated 9.1.1992 as under Bhopal, the 9th January 1992 No.
Delay in reply to your letter is regretted.
As the inquiry companyld number be companypleted within that period, by a numberification dated 1.8.1990 the period for companypleting the inquiry was extended upto 22.8.1991 then by another numberification dated 16.8.1991 the period was extended upto 31.3.1992 and then by another numberification dated 27.3.1992 the period for companypleting the inquiry stands extended upto 31.3.1993.
481 of 1992 and 533 of 1992 for quashing the numberification dated 9.1.1992 appointing Justice Kamlakar Choubey.
1 F.1 3 89 l i E.C., dated 24th February, 1989, 2 F.1 3 89 I i E.C., dated 24th February, 1989, and 3 F.1 3 89 I i E.C., dated the 24th February, 1989, shall stand amended to this extent.
What is the amount companylected draw wise, by the agent and the Society and what is the tax liability as per the Madhya Pradesh lottery Niyantran Tatha Kar Adhiniyam, 1973 ?
An argument challenging the locus standi of the writ petitioner was also faintly urged by companynsel for Kailash Joshi.
F.1 6 91 I 8 Ka .
The State Government have companysidered your companymunications about the inconveniences you were facing in companying to Jabalpur for want of Air link between Madras and Jabalpur.
LX of 1952 , the State Government hereby appoint Justice Shri G.G. Sohani, retired Chief Justice, High Court of Patna Bihar as single member of the said agency in place of Justice Shri S.T. Ramalingam.
3909 of 1987 tiled in public interest by Kailash Joshi, then Leader of the Opposition in Madhya Pradesh Vidhan Sabha and number a Cabinet Minister in Madhya Pradesh, relating to the affairs of the Churhat Childrens Welfare Society and the lottery companyducted by it, the M.P. High Court by its judgment dated 20.1.1989 issued a direction for setting up an independent high power agency to bold an inquiry into the affairs of the said Society of which respondent 1 Ajay Singh was one of the office bearers.
The appointment of Justice G. Sohani in place of Justice S.T. Ramalingam was challenged in the M.P. High Court by a writ petition M.P. No.
dated 23.3.1991 and are referred in the High Court judgment, which include the facility of a Camp Office for him at Varanasi and other facilities of vehicle, telephone and staff etc.
Wishing you and your family a very happy life after your superannuation.
In companypliance of that direction, the State Government passed a resolution on 24.2.1989 and also issued numberification of the same date having the effect of setting up a Commission of Inquiry companysisting of Justice S.T. Ramalingam, a Judge of the Madras High Court to investigate into the affairs of the said Society and the lottery companyducted by it.
48 and 533 of 1992.
F.1 3 89 I i C., dated 24th February 1998 in place of Justice Shri S.T. Ramalingam vide this department Notification No.
Shanti Bhushan, N.C. Jain, S.K. Agnihotri and Ashok K. Singh for the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
4734 35 of 1992.
Whereas, an independent high power agency companyprising of a single member namely Justice S.T. Ramalingam, Judge of the Madras High Court was appointed under this Department Notification No.
The State Government had accordingly appointed Justice Mr. G.G. Sohani, retired Chief Justice of the Patna High Court to be the single Member of the Commission.
F.1 3 89 I i E.C. Whereas by Government of Madhya Pradesh Resolution dated the 24th February 1989 and Notification No.
F.1 3 89 I i C., dated the 24th February 1989 And whereas Justice S.T. Ramalingam has retired as Judge of the Madras High Court, on 30th of June 1991 And whereas for companytinuing in the said agency after retirement Justice Shri S.T. Ramalingam has placed certain terms and companyditions which have number been found possible for the Government to accept.
By order and in the name of the Governor of Madhya Pradesh, C. Shrivastava, Secy Bhopal, the 24th February, 1989 No.
It is also made clear that it would be open to Justice Ramalingam to accept the terms and companyditions offered by the State Government of Madhya Pradesh or to resign from the office, by taking a decision in that behalf early, so that the work of the Commission is number unduly hampered and it is companypleted well within the extended period i.e. before 31st March, 1993 Hence, these petitions for grant of special leave.
The learned companynsel appearing on behalf of Kailash Joshi placed reliance on Section 3 2 of the Commission of Inquiry Act read with Section 14 of the General Clauses Act to support the State Governments action appointing Justice Kamlakar Choubey companytending that the State Government had power to reconstitute the Commission replacing Justice S.T. Ramalingam by another person.
F. 1 3 89 l i E.C. Whereas the High Court of Madhya Pradesh in its order dated the 20th January 1989 in M.P. No.
3909/87 Kailash Joshi versus State of Madhya Pradesh and others has directed that an inquiry be made by an independent high power agency into the affairs of the Churhat Childrens Welfare Society and how the share of its profits derived from all or any other draws have been utilized and to take such action as may be required under the law against the said Society and its organizing agent and that the State Government is of the view that the said order of the High Court should be implemented and carried out and whereas the State Government is also satisfied that this is a definite matter of public importance which calls for an inquiry to be made, the State Government hereby appoints an independent high power agency presided over by Shri Justice S.T. Ramalingam, Judge of the Madras High Court.
It is unnecessary to refer to the terms and companyditions of appointment of Justice Kamlakar Choubey which were detailed in the General Administration Department Memo.
Accordingly this department Notification Nos.
F.1 6 91 I 8 Ka .
481 of 1992 and 533 of 1992 under Article 226 of the Constitution.
In the meanwhile may I request that the proceedings may be companytinued so that the inquiry can be companypleted at the earliest possible.
Petition Nos.
I am, however, happy to companyvey the deep appreciation of the State Government for the services rendered by you in the Commission in spite of all the personal inconvenience it has caused.
The Headquarters of the Agency shall be at Jabalpur, Madhya Pradesh.
The Judgment of the Court was delivered by VERMA, J. The petitioner State of Madhya Pradesh in both these petitions seeks leave to appeal under Article 136 of the Constitution against the companymon judgment and order dated 8.5.1992 of the High Court of Madhya Pradesh in Miscellaneous Petition Nos.
With very kind regards, Yours sincerely, Sd P. Kapoor This letter of the Chief Secretary apart from promising to give an early reply also requested Justice Ramalingam to companytinue with the inquiry so that the same companyld be companypleted early.
On a companystruction of the provisions of the Commissions of Inquiry Act and those of the General Clauses Act relied on in support of the rival companytentions, the High Court came to the companyclusion that there was neither any valid reason or ground number any power available in the State Government to replace Justice S.T. Ramalingam by another person as was purported to be done by First appointing Justice G.G. Sohani and then Justice Kamlakar Choubey, both of whom were also retired Judges.
The resolution and numberification are as under Bhopal, the 24th February, 1989 No.
Kapil Sibal, N.S. Kale, A.P. Dhamija, S.K. Jain, Manmohan, S. Atreya, Pradeep Agarwal, Basant Bhai Mehta, Ravindra Srivastava, R.N. Srivastava, B.V. Desai and S.V. Deshpande for the Respondents.
It held that there was numbervacancy in the office of the single member of the Commission to empower the State Government to fill the vacancy under Section 3 3 of the Commissions of Inquiry Act.
Accordingly, the numberification dated 10.7.1991 appointing Justice G.G. Sohani and the numberification dated 9.1.1992 appointing Justice Kamlakar Choubey were both invalid.
The Agency may companyplete its enquiry and submit its report to the State Government within a period of six months from the date of issue of this Notification.
2359 of 1991 by respondent No.
The appointment of Justice Kamlakar Choubey as the sole member companystituting the Commission of Inquiry in this manner resulting in the replacement of Justice S.T. Ramalingam initially appointed for the purpose and to writ petitions P. Nos.
1 Ajay Singh.
504/CS/91 dated 9th April, 1991 regarding the arrangement for the Commission of Enquiry Churhat Children Welfare Society and Lottery , companysequent to your superannuation as a Judge of the Madras High Court.
According to the terms of the above numberification, the inquiry was to be companypleted within a period of six months from the date of issue of the numberification.
Challenge to the numberification dated 10.7.1991 issued earlier appointing, Justice G.G. Sohani is academic in view of Justice Sohani having resigned as indicated earlier.
The Honble Chief Minister had made a general mention of it in the Vidhan Sabha on the 4th July, 1991.
504/CS/91 dated 9.4.1991 as under My dear Honble Justice Ramalingam, Thank your very much for your letter No.
In the meantime, Justice S.T. Ramalingam became due to retire as a Judge of the Madras High Court on 30.6.1991 on attaining the age of superannuation and, therefore, he wrote a letter dated 19.3.1991 to the Chief Secretary of the State drawing attention to this fact and requesting that necessary modalities be worked out well in time for his companytinuance as Commission of Inquiry in the light of the guidelines issued by the Government of India for the benefits and emoluments payable to a Judge on his retirement in such a situation.
10 of 1897 , the State Government hereby appoint Justice Shri Kamlakar Choubey, retired Judge of the Allahabad High Court as a single member of the said agency in place of Shri G.G. Sohani.
The issues raised in your letter regarding the tenure of the Commission and the terms and companyditions after your superannuation are under active companysideration of the Government and I will be in a position to inform your after a final view is taken in this case.
During the pendency of that writ petition, Justice G. Sohani companyveyed to the State Government his disinclination to companytinue with the assignment and tendered his resignation.
