The resignation of the embattled Justice Soumitra Sen was handed over to President Pratibha Patil on Saturday morning, even as the Lok Sabha has listed his removal proceedings for debate at 2 p.m. on Monday.
Rashtrapathi Bhavan sources said the resignation letter, under his hand, was submitted by a lawyer on behalf of the Calcutta High Court judge, and it was in order. The resignation comes into immediate effect and the President's office would forward the letter to the Justice department. The department is expected to communicate Justice Sen's resignation to the Lok Sabha Secretariat. On Monday morning, the Secretary-General, in consultation with various political parties, will decide whether or not the House should proceed with the impeachment motion against Justice Sen, who is facing charges of embezzlement. If the Lok Sabha decides to go ahead with the motion and Justice Sen is removed, he would be the first judge to face such ignominy notwithstanding his resignation.
The charge against Justice Sen is that he misappropriated money he was asked to keep as Receiver of the High Court.
On a report from the then Chief Justice of the High court, the then Chief Justice of India, K.G. Balakrishnan, constituted a three-member committee to probe the charge.
In February 2008, the in-house committee, headed by the then Chief Justice of the Madras High Court, A.P. Shah, found Justice Sen guilty of breach of trust and misappropriation of the Receiver's funds for personal gain. On August 18, 2011 the Rajya Sabha overwhelmingly voted a resolution to remove Justice Sen.
