RUMA PAL, ARIJIT PASAYAT AND C.K. THAKKER, JJ.
NOIDA ENTREPRENEURS ASSOCIATION . - Petitioner
Versus
NOIDA AND OTHERS – Respondents
Writ Petitions (C) No. 150 of 1997 with No. 529 of 1998
Decided on : January 11, 2005
Civil Procedure Code, 1908, Order 26 Rule 9 - Dropping of disciplinary proceedings- Appointment of commission -Supreme Court appointed Mr. K.T. Thomas, retired judge of the Supreme Court as the sole Member of the Commission- Commission to go into the various questions raised in these matters including the issue as to why disciplinary action has been dropped against several respondents as pointed out by the amicus curaie in his report filed on 14.12.2004-It would be open to the Commission to determine the nature of assistance secretarial or otherwise, that may be required by it- Commission requested to submit report within 6 months[Paras 1 and 4]
ORDER
1. Having regard to the nature of the proceedings it would be appropriate to appoint a Commission to go into the various questions raised in these matters including the issue as to why disciplinary action has been dropped against several respondents as pointed out by the amicus curiae in his report filed on 14-12-2004. Mr K.T. Thomas, retired Judge of this Court is appointed as the sole member of the Commission. It would be open to the Commission to determine the nature of assistance, secretarial or otherwise, that may be required by the Commission to discharge its functions in terms of this Court's order. The Commission will also determine the modalities, including the place and time, where and when the Commission will function. The Commission is requested to submit the report on its findings within a period of six months from the date of service of this order upon the Commission. The Commission shall be paid remuneration equivalent to a Supreme Court Judge's salary and on the same terms and conditions. The cost of the Commission including the remuneration of the Commission to be borne by the State of U.P.
2. Let the records be sent to the Commission as may be required by the Commission. All the parties to the proceedings who are before this Court are given liberty to appear before the Commission.
3. List these matters after the report of the Commission is received.
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