Cabinet clears proposal for Presidential reference for removal of Justice Ganguly: Sources

A case for removal of Ganguly from his post was made out as per Section 23 (1A) of the Protection of Human Rights Act,1993,and President Pranab Mukherjee should be accordingly advised to make a reference to the Supreme Court.

Section 23 (1A),which deals with the subject of removal from office of chairperson and members of state human rights commissions,says that such removal can be ordered by the President “on the ground of proved misbehaviour or incapacity” after the Supreme Court,on a reference being made to it by the President,holds that the chairperson/member should be removed.

As first reported by The Indian Express,the President earlier this week sought the advice of the home ministry on whether a reference should be made to the Supreme Court for an inquiry to establish whether the allegation against Ganguly – that he sexually harassed a law intern in a five-star hotel in New Delhi last December – constituted misbehaviour to merit his removal from office.

The President’s action came after West Bengal Chief Minister Mamata Banerjee wrote to him seeking Ganguly’s removal.