Justice P.D. Dinakaran, who had resigned as Chief Justice of the Sikkim High Court on July 29, has written a letter three days ago to the Union Law Ministry seeking permission to withdraw his resignation.
Justice Dinakaran, who will attain the age of superannuation in May 2012, sent his resignation letter to President Pratibha Patil alleging that he was being targeted as he belonged to the lower caste and “the system does not grant him any support.”
Law Ministry sources told The Hindu that the President, before acting on the letter, forwarded it to the Ministry seeking clarification whether Justice Dinakaran was being targeted since he was a Dalit as alleged by him.
The Ministry, according to sources, denied the allegation and informed the President that removal proceedings had been initiated against Justice Dinakaran on the basis of a motion admitted in the Rajya Sabha and there was no truth that anything was being done because he was a Dalit Christian.
The Ministry also quoted Supreme Court rulings to drive home the point that the resignation of a High Court judge would come into immediate effect the moment the resignation was tendered in writing by the judge concerned unless there was a specific request that the resignation could be accepted prospectively and before that date the resignation was sought to be withdrawn.
Forum's appeal
Meanwhile, the Chennai-based Forum for Judicial Accountability has written to the probe panel headed by Supreme Court Judge Aftab Alam that the removal proceedings against Justice Dinakaran should continue notwithstanding his resignation. The panel is yet to take a decision whether or not to close the proceedings as it was waiting for official communication on his resignation and any further information from the Rajya Sabha Chairman in this regard.
In his resignation letter, Justice Dinakaran reportedly said: “I have a sinking suspicion that my misfortune was because of my circumstances of my birth in the socially oppressed and underprivileged society. Integrity of members of these communities who attain high office is always baselessly questioned through innuendo, searing and spreading of false rumours while the privileged are treated by the vested interests as embodiment of all virtues.”
