Allahabad High Court (HC) Justice Yashwant Varma resigned amid parliamentary impeachment proceedings for his removal in New Delhi.
He submitted his resignation to the President of India, Droupadi Murmu.
He also withdrew from the Judges Inquiry Committee constituted by the Lok Sabha Speaker Om Birla under the Judges (Inquiry) Act, 1968, calling it an “unfair” inquiry.
The Supreme Court (SC) also dismissed his petitions challenging the inquiry process and removal proceedings.
Removal of High Court (HC) Judges: Under Article 218 of the Constitution of India, read with Article 124(4), a judge can be removed only on grounds of proven misbehaviour or incapacity.
The Judges (Inquiry) Act, 1968, provides that removal requires a motion in Parliament signed by at least 100 Members of Parliament (MPs) in Lok Sabha or 50 MPs in Rajya Sabha.
Thisshouldbe followed by an inquiry committee and final approval by a special majority in both Houses.
Upon resignation, a judge is entitled to the same pensionary benefits as a judge who superannuates from service.
With his resignation, the future course of action over allegations levelled against him enters uncharted territory.
However, while the threat of an impeachment motion ends, other legal methods could still be looked at by the government but that may require assent of the judiciary.
For any court to take cognisance of an offence by a judge (for actions from the time that he held office), the Chief Justice of India would be required to grant sanction for prosecution.