'May have case' says Centre on PIL to deny post-resignation perks to constitutional functionaries

New Delhi, Nov 5 (PTI) The Supreme Court on Thursday asked the Centre for its response to a plea seeking to deny post-resignation perks and amenities to constitutional functionaries, including judges, after the government said the petitioner may have a case.

     A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi asked Solicitor General Tushar Mehta, appearing for the Centre, to file a counter affidavit in the petition.

     "I have to seek (an) instruction. I believe the petitioner may have a case," he submitted.

     The bench posted the matter for hearing after the Diwali break.

     On September 3, the top court agreed to hear a plea seeking directions that constitutional functionaries who tender their resignation to avoid being removed from office shall be denied retirement perks and other benefits.

     It had issued notice to the Centre on the plea filed by Pratik Vira.

     "It is the submission of the petitioner that those constitutional functionaries ... who tender their resignations, whether to avoid any proceedings of removal or proceedings for no confidence motion, should not be entitled to the perks and all other incidental facilities attached to the constitutional office from where they have to resign," the plea said.

     The public interest litigation, or PIL, assumes significance in the wake of the resignation of former high court judge Justice Yashwant Varma, who was repatriated from the Delhi High Court to the Allahabad High Court after burnt wads of currency notes were found at his official residence in Delhi on March 14 last year.

     Following his resignation, removal proceedings against Varma, initiated by the Lok Sabha, became "infructuous."

     Vira's petition contends that even after resignation, constitutional functionaries are sure of continuing with the same perks and facilities attached to their office.

     "Such practice is an anathema to the constitutional grievance and is directly contrary to the Rule of Law, which is the very basic structure of the Constitution of India. No constitutional functionary should be entitled to any perk, amenities or facilities if he or she tenders resignation in the midst of his or her constitutionally prescribed tenure," the plea said.

(This story has not been edited by THE WEEK and is auto-generated from PTI)