Judgement

G. K. MISRA, C. J. :- On 27-6-1967 a memorial (Annexure 'A') was submitted to the President of India by Sri Sadasiba Tripathy and 24 M. L. As. And M. Ps. Of the Congress Party alleging corruption and impropriety against Sarbasri R. N. Singh Deo (Chief Minister), Pabitra Mohan Pradhan (Deputy Chief Minister), S. N. Patnaik (Minister), Banamali Patnaik (Minister), Santanu Kumar Das (Minister), N. K. Choudhury (Ex-Chief Minister) and Dr. H. K. Mahtab (Ex-Chief Minister and petitioner) and praying for the appointment of a Commission of Inquiry. This memorial was sent by Sri Chavan, the then Home Minister of India, to the Chief Minister for such action as the latter deemed proper. The Chief Minister wrote to Sri Chavan saying that on examination of the records available with the Government of Orissa, no prima facie case was made out against anyone of the aforesaid persons. He however said that if the Home Minister of India desired, he might get the matter examined by a sitting fudge of a High Court or the Supreme Court of India. Sri Chavan replied that it would not be possible to ask any sitting Judge to do the job and the matter might be examined by the Chief Minister through