The Supreme Court on Friday dismissed the former Chief Justice of Sikkim High Court P D Dinakaran's plea challenging the committee decision (appointed by the Rajya Sabha) to frame charges against him by allegedly exceeding its jurisdiction.
A Bench headed by Justice G S Singhvi also rejected his contention stating that the panel has no power to conduct preliminary inquiry against him.
Justice Dinakaran,who had resigned from the service on the ground of impeachment of services against him, contended that the committee had exceeded its jurisdiction by filing 14 charges on the basis of fresh complaints whereas there were only 12 charges at the time when it the motion was introduced in the Parliament.
The former judge, who faces various charges including amassing disappropriate wealth and judicial misconduct, alleged that the fresh charges were ultra vires as they were beyong the charges which were mentioned in the Rajya Sabha motion.
The Bench said that the it will be an immatured thought if it contends that the committee has no discretion in the matter of framing the charges. Rather the committee is bound by the duty to scrutinise the material forming part of the motion and then frame definite charges.
The Bench also added that it can also receive other materials which may support or contradict the allegations enumerated in the notice of the motion.
News Reported by AR for News vision news paper
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