Judgement

ORDER: The Appeal shall stand dismissed, but there shall be no order as to costs. Reasons for our judgment will follow. Stay order is vacated.

2. The following Judgment of the Court was delivered by

HIDAYATULLAH, C.J.I. : This appeal is brought against an order of the High Court at Patna, November 4, 1967, dismissing a petition under Arts. 226 and 227 of the Constitution. By that petition the appellants sought a declaration that a notification of the Governor of Bihar appointing a Commission of Inquiry under the Commissions of Inquiry Act, 1952, was ultra vires illegal and inoperative and for restraining the Commission from proceeding with the Inquiry. The High Court dismissed the petition without issuing a rule but gave detailed reasons in its orders. The appellants now appeal by special leave granted by this Court. After the hearing of the appeal concluded we ordered the dismissal of the appeal but reserved the reasons which we now proceed to give.

3. As is common knowledge there was for a time no stable Government in Bihar. The Congress Ministry continued in office for some time under Mr. Binodanand Jha and then under the first appellant, Mr. K. B. Sahay. When the Congress Ministry was voted out of office, a Ministry was formed by the United Front Party headed by Mr. Mahamaya Prasad Sinha. The United Front Ministry also resigned on 25th January, 1968 and another Ministry was formed by the Shoshit Dal headed by Mr. B. P. Mandal. This Ministry also went out of office on March 22, 1968 to be succeeded by another headed by Mr. Bhola Paswan Shastri. During the continuance of the Congress Ministry Mr.Mahamaya Prasad Sinha helped by Mr. Kamakhya Narain Singh and his brother Mr. Basant Narain Singh and others were in opposition. When the United Front Ministry emerged these opponents became Ministers. The Ministry began to function from March 5,1967. On March 17, 1967, the Governor announced in his speech that an inquiry would be made against the conduct of some of the Ministers who had gone out of office including the present appellants. It appears that the Council of Ministers then constituted a Cabinet Sub-Committee on July 22, 1967 to make a preliminary examination of the allegations and the materials relating to them. The upshot was a notification issued by the Governor of Bihar under S. 3 of the Commissions of Inquiry Act on October 1, 1967 by which inquiry was ordered against the appellants and two others (Mr. Raghavendra Narain Singh and Mr. Ambika Sharan Singh). The commission was directed to inquire into and report on the following matters, namely:

"(a) What was the extent of the assets and pecuniary resources owned and possessed by each of the persons above-named, his family, relatives and other persons in whom he was interested, (i) at the beginning and (ii) at the end of the tenure of office or each of the offices held by him as aforesaid;

(b) Whether each of the persons abovenamed, during the tenure of office or offices held by him, obtained any assets, pecuniary resources or advantages or other benefits by abusing and exploiting his official position or positions and whether during the said period or periods his family, relatives and other persons in whom he was interested obtained, with his knowledge, consent or connivance, any assets, pecuniary resources, advantages or other benefits;

(c) Whether, and if so to what extent each of the persons above-named otherwise indulged in corruption, favouritism, abuse of power and other malpractices; and

(d) Whether, besides the persons abovenamed, any other person or persons holding official position either as a member of the Council of Ministers or otherwise, during the aforesaid period, made illegal gains or indulged in corruption, favouritism, abuse of power or other malpractices in like manner as aforesaid."

Later the Government of Bihar decided on October 31, 1967 that clause (d) should be deleted and it was so deleted. The notification went on to state further:

"W