A Supreme Court judge on Friday recused himself from hearing the petition filed by former Punjab and Haryana high court judge Nirmal Yadav seeking quashing of proceedings against her in the 2008 cash-at-judge's door case.
Justice JS Khehar, who was a part of the bench headed by Justice BS Chauhan, recused himself from hearing Justice Yadav's petition.
The bench referred the matter to the Chief Justice of India for allocating it to an appropriate bench.
Justice Yadav has sought quashing of the charge sheet filed by the CBI against her on the ground that CJI SH Kapadia has no power to recommend sanction to prosecute her as it was denied by the previous CJI KG Balakrishnan.
She moved the apex court challenging the Punjab and Haryana high court's order that dismissed her plea to contest grant of sanction for her prosecution by the President on March 1 last year.
The Punjab and Haryana high court was rocked by the controversy after a sum of Rs 15 lakh was delivered at the residence of Justice Nirmaljit Kaur, another judge of the high court, on August 13, 2008, following which she reported the matter to Chandigarh Police.
The money, allegedly meant for Yadav, was said to have been delivered to Kaur due to confusion over their names.
The High Court had rejected Yadav's plea on November 14 last year saying that she cannot claim any special right merely because she had occupied the high constitutional office.