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This is an archive article published on October 19, 2014

Government moves to remove ex-CBI chief from UPSC

Article 317 provides for removal of a UPSC member from office on grounds of misbehaviour but only after being found guilty.

It is learnt that the Income Tax department report has been sent to the Home Ministry for further action. It is learnt that the Income Tax department report has been sent to the Home Ministry for further action.

On Friday, Attorney General Mukul Rohatgi told the Supreme Court that an Income Tax department report had disclosed “astonishing state of affairs” between former CBI director A P Singh and meat exporter Moin Qureshi and that Singh’s conduct was “wholly unbecoming of the office he held”.

What he didn’t tell the court was that the Centre is already considering its future course of action following the report, including initiating steps to remove Singh from his post-retirement job as member, UPSC.

It is learnt that the Income Tax department report has been sent to the Home Ministry for further action. Sources told The Sunday Express that the MHA is planning to seek legal opinion of the AG on whether the report can be the basis on which the government can ask the President to make a reference to the Supreme Court under Article 317 of the Constitution for conducting an inquiry against the former CBI chief.

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Article 317 provides for removal of a UPSC member from office on grounds of misbehaviour but only after being found guilty in an inquiry by the apex court.

Singh can be held liable for his past. The court’s decision after inquiry shall be binding on the President as it was in 2007 when the court removed Maharashtra Public Service Commission member Sayalee Sanjeev Joshi from office on grounds of misbehaviour.

Joshi was arrested in June 2003 in connection with malpractices in an examination conducted in 1999, even though she joined MPSC in May 2001. Her arrest led to Maharashtra governor requesting the President in August 2003 to initiate action under Article 317 of the Constitution of India for her removal.

The nature of the scam that emerged and the constitutional position enjoyed by Public Service Commission made valid the reference to the court under Article 317(1).

I-T remarks unfair, unfounded: singh

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In a statement, A P Singh said: “I have learnt from media reports that the Income tax department while presenting its appraisal report on Moin Qureshi in the Supreme Court has made certain adverse comments against me.

I wish to make it clear that these comments are unfair and completely unfounded.

I am unable to give a detailed response till I see and examine the appraisal report. The matter is sub judice in the Supreme Court and I am in consultation with my lawyers.”

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