In the first stage of the in-house procedure, the court said, the prima facie veracity of allegations contained in complaint would be ascertained.The second stage of the in-house procedure relating to sitting judges of high courts could lead to serious consequences.The second stage is monitored by none other than the CJI, it said.Only if the CJI endorsed the view expressed by the chief justice of the high court that it required a deeper probe they would constitute a “three-member committee”, taking the procedure to the second stage.The committee would comprise two chief justices of the high courts (other than the high court concerned), aside from a judge of a high court.The second stage paved way for a deeper probe.On the culmination of the inquiry by the panel, it was required to record its conclusions followed by a report to the CJI.The court pointed out the report could either lead to the conclusion that there was no substance in the allegations levelled against the judge in question or there was sufficient substance in the allegations.”In such eventuality, the three-member committee, must further opine, whether the misconduct levelled against the judge concerned is so serious, that it requires initiation of proceedings for the removal of the concerned Judge; or that, the allegations contained in the complaint are not serious enough to require initiation of proceedings for the removal of the judge concerned,” it had said.If the panel concluded that the misconduct was not serious enough for initiating proceedings for the judge’s removal, the CJI would advise the judge, and may also direct to place the report of the panel on record.”If the committee has concluded, that there is substance in the allegations, for initiation of proceedings, for the removal of the judge concerned, the CJI shall proceed as under:- (i) The judge concerned will be advised, by the CJI, to resign or to seek voluntary retirement. (ii) In case the judge concerned does not accept the advice of the CJI, the CJI, would require the chief justice of the high court concerned, not to allocate any judicial work, to the judge concerned,” the top court had said.If the judge concerned did not abide by the advice of the CJI to resign, the CJI would intimate President, Prime Minister, of the findings of the committee warranting initiation of impeachment, it added.
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