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The report said the oral and documentary evidence had established that two separate accounts were opened by
Justice Sen as "receiver" in his own name and a total sum aggregating to Rs 33, 22, 800 being the sale proceeds of goods were brought into the two accounts between 24 March 1993 and 5 May 1995.
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Article 124(4) when read with proviso (b) to
Article 217(1) states that a judge of a high court shall not be removed from his office except on the grounds of 'proved misbehaviour'. The prefix 'proved' only means proved to the satisfaction of requisite majority of Parliament, if so recommended by the
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However
Supreme Court has the power to review the decision made by the three-member committee formed by Speaker on the grounds of proved misbehaviour and incapacity. If it's not found appropriate in terms of misbehaviour and incapacity he can be restored as a judge and no further impeachment motion
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Subash
Bhattacharya the lawyer of Justice Soumitra Sen said that his client is innocent and he will prove he is innocent. As per the Judges Inquiry Act, the motion was moved in the Rajya Sabha and debated upon. Sen was given an opportunity to defend himself through his counsel. On 18 August 2011,
66:. He would later enroll as an Advocate on 13 February 1984. He practiced in civil and constitutional matters in both the Original Side and Appellate Side of the High Court at Calcutta and was elevated as a permanent Judge of the High Court at Calcutta on 3 December 2003.
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The indictment of Sen paved way for
Parliament to take up the impeachment of the judge who had been found guilty of collecting Rs 33,22,800 from a purchaser of goods, keeping it in a savings bank account and misrepresenting facts to the high court.
177:"Since the Rajya Sabha has decided in its wisdom that he should not continue as a judge, he has decided not to go to the Lok Sabha, and put in his papers instead. He also would not go to the Supreme Court as he has no confidence on it."
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Justice Sen was held guilty of misappropriation of public funds he received in his capacity as receiver appointed by the High Court of
Calcutta and misrepresenting facts with regard to it by a committee of three judges set up by former
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will keep getting their post-retirement benefits, even though they resigned ahead of impeachment proceedings against them, as there are no
Constitutional or statutory provisions restricting their entitlements in such a scenario.
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In 2009, 58 MPs of the Rajya Sabha moved a motion for impeachment of
Calcutta High Court Judge Soumitra Sen for his involvement in financial misappropriation. Probe panel was set up by Rajya Sabha chairman
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can be started before 6 months unless the judge has been found guilty by the court. Later, Lok Sabha decided to drop the impeachment proceedings against him because he had resigned.
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in 2007. A year later, Justice
Balakrishnan recommended his impeachment to the PM, after which a legal opinion obtained by the law ministry endorsed the judges' committee report.
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in depositing the money in his personal account. Sen retained the money even after being appointed the High Court judge in 2003. It was in 2006 after HC order, he returned money.
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Ahead of the impeachment motion against him in the Lok Sabha on 5 & 6 September 2011, he resigned on 1 September 2011. In his resignation letter he said that,
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The report of the three-member committee, placed in both Houses of
Parliament, said it was of the opinion that Justice Sen was 'guilty of misbehaviour' under
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This is the second case in the history of the country in which Parliament has initiated proceedings for removal of a judge. The first involved
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On 15 Jan 2012, it became public through an RTI query that Justice Sen along with his other colleague facing similar accusations Justice
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Justice Sen has been bearing the allegation of appropriating Rs 32 lakh as a court-appointed receiver in 1993 in a lawsuit between
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206:– former Supreme Court judge who became the first judge against whom Parliament initiated impeachment proceedings.
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The Chief Justice recommendation was made shortly after a three-judge inquiry committee had established Sen's
55:. Later he earned a Bachelor of Commerce degree from the Gauhati Commerce College, an affiliated college of
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judge Justice B Sudershan Reddy and had as its members Punjab and Haryana High Court Chief Justice
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passed the impeachment motion by overwhelming majority of 189 votes in favour and 17 against.
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27:. He was the first judge in independent India whose removal motion was passed in
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He also pursued a law degree (LL.B.) from the University College of Law, of the
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125:. The Committee said the charges were duly proved.
228:"Rajya Sabha Approves Impeachment of Justice Sen"
254:"Justice Sen faces impeachment in Rajya Sabha"
43:He was born on 22 January 1958. He passed the
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280:"Soumitra Sen resigns, saves embarrassment"
332:"Dinakaran, Sen to get retirement perks"
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7:
113:in February 2009. It was headed by
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395:Judges of the Calcutta High Court
306:"Justice Sen escapes impeachment"
230:. 18 August 2011. Archived from
76:Steel Authority of India Limited
49:Don Bosco High School, Guwahati
45:High School Leaving Certificate
1:
380:University of Calcutta alumni
80:Shipping Corporation of India
82:over supply of fire bricks.
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390:Impeached Indian officials
370:20th-century Indian judges
375:Gauhati University alumni
132:read with proviso (b) to
385:Don Bosco schools alumni
258:Daily News and Analysis
64:University of Calcutta
138:Constitution of India
47:Examination from the
144:inquiry committee.
25:Calcutta High Court
312:. 5 September 2011
286:. 2 September 2011
234:on 31 January 2013
103:K. G. Balakrishnan
57:Gauhati University
334:. 15 January 2012
121:and noted Jurist
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33:misappropriation
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198:P. D. Dinakaran
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185:P. D. Dinakaran
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123:Fali S. Nariman
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336:. Retrieved
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314:. Retrieved
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236:. Retrieved
232:the original
204:V. Ramaswami
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165:V. Ramaswami
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119:Mukul Mudgal
111:Hamid Ansari
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19:is a former
17:Soumitra Sen
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360:1958 births
310:The Pioneer
284:The Pioneer
171:Resignation
158:Rajya Sabha
78:(SAIL) and
29:Rajya Sabha
354:Categories
338:16 January
316:16 January
290:16 January
211:References
87:misconduct
70:Allegation
35:of funds.
264:23 March
238:23 March
192:See also
136:of the
93:Removal
39:History
23:of the
53:Assam
21:judge
340:2012
318:2012
292:2012
266:2012
240:2012
31:for
100:CJI
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