( 1 ) THE constitution and continuance of the one-man Commission presided over by Justice J. N. Takru, hereinafter REFERRED TO to as "the Commission", has been challenged by the petitioner P. R. Nayak on various grounds. Respondent No. 1 to this petition is the Union of India through the Secretary to the Government of India, Ministry of Petroleum and Chemicals and respondent No. 2 is Justice J. N. Takru himself. The petitioner, a Government servant, was, at the relevant time, the Managing Director of the Indian Refineries Limited, a public sector undertaking, now merged with the Indian Oil Corporation, another public sector undertaking.

( 2 ) SHORTLY stated, the Commission was appointed to inquire into alleged irregularities in the grant of contracts and in the actual construction of the Gauhati-Siliguri and Haldia-Barauni-Kanpur Pipelines and in the payments made to two contractors, namely, (1) Bechtels as Design Engineers and over-all Supervisors in Gauhati-Siliguri Pipeline and as Design Monitors and Project Managers in Haldia-Barauni-Kanpur Pipeline and (2) Snam-Saipem for contructing Gauhati- Siliguri and Haldia-Barauni-Kanpur Pipelines.

( 3 ) IT is not disput