Order XLIII - Reference made by the President under Article 317(1) of the Constitution or any statute : Supreme Court Rules 2013

How to deal with Reference made by the President under Article 317(1) of the Constitution or any statute or Governor under any Statute? Order XLIII of Supreme Court Rules 2013

Order XLIII of Supreme Court Rules 2013 : "Reference made by the President under Article 317(1) of the Constitution or any statute or Governor under any Statute"

1. On receipt by the Registrar of reference from the President under article 317(1) of the Constitution or any Statute or from Governor under any statute, referring to the Court, grounds for inquiry, it shall be registered in the Register maintained for the purpose and numbered as "Reference No of 20 under [Article 317(1) of the Constitution/Section and Name of the Act under which the reference is made].

2. As soon as the reference is registered and numbered, the Registrar shall give notice to the person sought to be removed from the concerned office and to the Attorney-General for India, or the Advocate-General of the particular State or to such person as the statute under which the reference is made so provides, to appear before the Court on a day specified in the notice to take the directions of the Court in the matter of the inquiry. A copy of the charges preferred against him along with the documents relied upon, shall be furnished to the respondent along with the notice.

3. The Court may devise its own procedure for hearing of the reference.

4. The Court may summon such witnesses as it considers necessary.

5. After the hearing of the reference the Registrar shall transmit to the President or the Governor, as the case may be, the Report of the Court.

6. No Court fees or process fees shall be payable in connection with any reference dealt with by the Court under this Order.