New Delhi, Sep 3 The Supreme Court on Thursday agreed to hear a plea seeking directions that any constitutional functionaries, including judges, who tender their resignation to avoid being removed from office, shall be denied retirement perks and other benefits.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana 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 PIL assumes significance in the wake of the resignation of former high court judge Justice Yashwant Varma.
Justice Varma was repatriated from the Delhi High Court to the Allahabad High Court after burnt wads of currency were found at his official residence in New Delhi on March 14 last year.
Removal proceedings initiated by the Lok Sabha against Varma have become "infructuous" following his resignation.
The petition contended 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.
