JUDGMENT

Dr. Arijit Pasayat, J. — The State of Orissa has filed this I.A. for modification of the Order dated 27.11.2006. By the said order, this Court had directed that in no case a sitting Judge of any High Court shall continue as a Commission. It was however made clear that the order shall not operate in cases where the inquiry is at the fag end, i.e. only where the report is to be submitted.

2. In support of the application, learned counsel for the State submitted that a sitting Judge was appointed at the request of the State Government considering the “serious problem” highlighted in the letter of the Chief Minister addressed to the Chief Justice of the High Court. Though initially Chief Justice of the High Court had not acceded to the request of the State Government to appoint a sitting Judge as a Commission, purportedly considering the “seriousness of the problem” he suggested name of a sitting Judge to act as a Commission. It was, however, stated that the Commission shall hold sittings and enquiries only on Saturdays and Sundays and other High Court’s holidays without interference with the normal work of the High Court. Accordingly, Justice A.S. Naidu was appointed as the Com