Centre supports plea to deny perks to high office holders who quit to avoid removal

New Delhi: The Centre on Thursday supported a public interest litigation (PIL) seeking to deny post-resignation perks, amenities and other benefits to constitutional functionaries, including judges, who quit office to avoid proceedings for their removal.

Appearing on behalf of the Centre, solicitor general Tushar Mehta submitted that the petitioner appeared to have a case and that the government would file its response.

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"I will take instructions and respond. I think the petitioner has a case. The petitioner seems to have a case. I will file a response," Mehta told a bench headed by CJI Surya Kant. The bench permitted an intervention application and directed the Union government to file its counter-affidavit.

The PIL, filed by Pratik Vira under Article 32 of the Constitution, seeks a declaration that constitutional functionaries who resign during their prescribed tenure to avoid removal proceedings should not be entitled to perks, amenities, facilities or other entitlements attached to the office.

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The petitioner has also challenged the constitutional validity of provisions that allow such functionaries to retain post-resignation benefits, contending that they are arbitrary and violative of Article 14 of the Constitution.

The plea argues that a high constitutional office carries an unwritten obligation either to complete the prescribed tenure or to face a transparent procedure for removal. Allowing a functionary to resign to frustrate such proceedings while continuing to enjoy benefits attached to the office, undermines constitutional accountability and the rule of law.

It contends that non-constitutional government employees are subject to service rules that may prevent them from resigning while disciplinary proceedings are pending against them.