The government on Saturday night sent the revised resignation of controversial Calcutta High Court judge Soumitra Sen to the President for finally accepting it, virtually ending the uncertainty surrounding his fate.
Lok Sabha is scheduled to take up the impeachment motion against Justice Sen on Monday following Attorney General GE Vahanvati's advice, but with the law ministry finding his resignation in order, the House may not be required to take it up at all.
Rajya Sabha had already passed the impeachment motion on August 18.
"The resignation received on Saturday morning has been found to be in order and is being duly processed," said a top government official.
The Lok Sabha secretariat is expected to take a final call on the matter on Sunday, but is unlikely to proceed with the impeachment motion.
Justice Sen had first sent his resignation on Thursday to Rashtrapati Bhawan, which had forwarded it to the justice department of the law ministry.
The department had noted that the resignation was not in order since it had been directly sent to the President and also it was faxed, whereas the law governing judges' removal and resignations makes it clear that the resignation must be "written by the judge under his hand".
The Lok Sabha secretariat had made it clear on Friday that it would proceed with the impeachment motion following Vahanvati's advice and also on the ground that it had not been intimated about the resignation being accepted by the government.
The revised resignation follows the intervention of former Lok Sabha Speaker Somnath Chatterjee, who is considered close to Justice Sen.
Chatterjee is learnt to have contacted minister of state for parliamentary affairs Rajeev Shukla a few days ago. Shukla is believed to have told Chatterjee that the only practical course of action for Sen to avoid becoming the first judge in India's history to be impeached is to send his resignation "in proper form" to the law ministry.