In December 2001, I got a call from a security guard saying the CEO had left his resignation with the guard with my number. He did so on the way to the airport and by the time I got the call, he was enroute to the U.S.
This was a startup founder in a company where investors had invested Rs 20 crores for a 40% stake. The promoter had returned from the U.S. for good (supposedly for family reasons) and had a IIT degree, an Ivy League MBA and had spent several years in a Tier 1 consultancy.
9/11 had happened. Valuations had collapsed. And the day before the company had been served with a show cause notice for non deduction of tds. The promoter owned 60% of the company but had zero skin in the game. He was a U.S. national. He was gone without a forwarding number.
That is when I started looking into how resignation works. When does it become effective ? Who approves it ?
Now if you are a peon in an office, u can’t just resign and leave. And if you are a director in a company – u can’t just give your resignation to the guard and leave. It doesn’t absolve you of responsibility or legal liability.
But now it seems that a High Court judge can just email or snail mail his resignation to the President of India. And the resignation is effective as soon as it reaches the President. The President has no power to reject the resignation.
Even worse, now the judge cannot be impeached because he is no longer in office. This is completely absurd.
First there is no exam to be passed to become a judge. A mentally sick person with zero ability doesn’t need to pass a basic mental health medical exam or a competency exam to become a judge. And now we are told he can resign at will, get relieved instantly and go wherever.
Even to be a sub broker on the stock market or to be a sweeper or Daroga – you have to pass an exam and subject yourself to medical tests. And you cannot resign at will. There is a notice period and your resignation has to be accepted.
Yet it seems no such clause applies to a Judge.
Whilst the CJI has all the time in the world to pursue a Professor of IIT on a suo moto basis – they are not able to even initiate process to find the answers to three basic questions:
1. Who sent the atm van load of money to the judges house. Rs 16 cr is a full atm van. It is not an envelope. ATM vans come from banks.
2. What was the money paid for and for what task ?
3. How many of his judgements were compromised ?
I personally thought that Justice Varma was both highly competent and honest. He was also head of the Delhi High Court collegium for appointing new judges.
Was this a payment for proposing the name of a judge ?
Or was it payment pertaining to partnership purchase of a 2000 sqm house near Motiakhan in central Delhi by a lady judge of the same court. Or was it collection for someone even higher up.
Answering the above is the least that the CJI can facilitate.
