U/Article 317(1) for Inquiry & Report on Dr. H.B. Mirdha, Chairman, O.P.S.C
 Insc 389 (5
R.C. Lahoti, D.M. Dharmadhikari & G.P. Mathur
O R D
is a Reference under Article 317(1) of the Constitution of India initiated by
the President of India calling for an inquiry into the alleged misbehaviour of
Dr. H.B. Mirdha, the then Chairman of the Orissa Public Service Commission.
Before the Court closed for summer vacation, the learned counsel appearing in
the case were heard on the preliminary objection raised on behalf of the
respondent, laying challenge to the maintainability of the Reference itself.
Orders were reserved. However, we find some essential factual information
missing, on availability whereof, we would like to hear all the learned counsel
on the necessary aspects of the preliminary objection, reflected in the issues
which we frame hereunder.
on point of fact we would like the Union of India to supply the information and
clarify if, before making the Reference to this Court, was there any advise by
the Council of Ministers tendered to the President of India within the meaning
of Article 74 of the Constitution? On such information being made available in
three weeks, we would like to hear the learned Attorney General for India as
also all the learned counsel appearing in the case on the following issues :-
Whether the applicability of Article 74 of the Constitution is attracted to a
Reference made by the President under Article 317(1) of the Constitution?
If 'yes', at what stage?
Whether the initiation of Reference by the President under Article 317(1) must
be preceded by the advise of the Council of Ministers under Article 74?
Whether the applicability of Article 74 is attracted to Article 317 only when
the Report on Inquiry held by the Supreme Court has been received by the
President and a decision for removal or otherwise is to be taken by the
after four weeks.