ORDER

1. This is a reference dated January 30, 1985 under Article 317 of the Constitution of India by the President of India for inquiry and report as to whether Shri Megha Chandra Singh, Chairman of Manipur Public Service Commission, ought, on the ground of misbehaviour to be removed from the office of the Chairman of the Commission.

2. The order of reference reads as under:

"Whereas the Chief Minister of Manipur has reported to the Government of India that he had been receiving complaint from different sources against Shri Megha Chandra Singh, Chairman, Manipur Public Service Commission, expressing doubts about his honesty and integrity.

And whereas the Government of India felt it necessary that it should conduct a probe into the allegations through a Central agency with a view to collecting such evidence as may be available and to satisfy itself that there is indeed a prima facie case, it entrusted the investigation to the Central Bureau of Investigation to give a report.

And whereas according to the report of the Central Bureau of Investigation, the conduct of Shri Megha Chandra Singh did not appear to be above board and further that Shri Megha Chandra Singh refused to make available to the Investigation Officer the relevant documents required for the purpose of the aforesaid inquiry, which were in his personal custody.

And whereas the Government of Manipur has reiterated their request that because of the gravity of the allegations the State Government desires to have a full-fledged investigation so that the real truth may come out and the issues involved are settled to the satisfaction of all concerned. And whereas I am satisfied from the above referred materials before me that it is necessary that the said allegations be inquired into.

Now therefore, in exercise of the powers conferred upon me by clause (1) of Article 317 of the Constitution, I Zail Singh, President of India, hereby refer to the Supreme Court of India, for inquiry and report as to whether Shri Megha Chandra Singh, Chairman, Manipur Public Service Commission, ought, on the ground of misbehaviour to be removed from the office of the Chairman of the Commission.

New Delhi

Dated: January 30, 1985

Sd/-

(Zail Singh)

PRESIDENT OF INDIA."

3. The allegations against Shri Megha Chandra Singh are as follows:

"(a) That the mark-sheets of the prospective candidates for the posts of Assistant Engineer (Electricals) and Assistant Director (Statistics) were tampered with, forged and fabricated in the office of the Chairman, Manipur Public Service Commission in order to show favours to certain candidates.

(b) That the answer books for the Manipur Civil Service/Manipur Police Service Examinations conducted in September 1981 were tampered with. The mark-sheets and the tabulated charts furnished by the examiners and kept in the personal custody of the Chairman, were also tampered with and forged to show favours to certain candidates.

(c) The Chairman introduced a new system of marking in the viva voce tests in which marks were recorded and signed only by the Chairman. Other Members of the Commission or representatives of Government Departments were not allowed to sign the mark-sheets. The Chairman introduced this new consensus system in viva voce tests to enable him to make manipulations in the mark-sheets with a view to showing favour to candidates of his choice.

(d) One Shri L. Ibomacha Singh is alleged to have stated to have paid a bribe of Rs 15,000 to the Chairman for his selection as a Sub-Deputy Collector under Manipur Government."

4. In the meanwhile, Shri Megha Chandra Singh retired and the State was directed to take appropriate instructions in the matter. Shri Megha Chandra Singh filed a counter to the effect that this order has far-reaching implications insofar as it gave credence to the fact of his retirement on January 19, 1987 which retirement was allowed earlier by the Governor by his order dated January 5, 1987. On July 31, 1991, the Government was pleased to sanction the paym