The Union cabinet on Thursday is likely to recommend a reference by the President to the Supreme Court for seeking a probe into the allegations of misconduct, including sexual harassment, against justice AK Ganguly, now chief the West Bengal Human Rights Commission.
The home ministry, in its note for the cabinet, is learnt to have listed three major allegations against the former Supreme Court judge, and if the probe finds him guilty, justice Ganguly will be removed from his post.
The ministry has referred to West Bengal chief minister Mamata Banerjee’s letter, in which she has cited justice Ganguly’s indictment by a three-judge panel of the Supreme Court on allegations of sexual harassment by a law intern.
Banerjee’s letter also refers to justice Ganguly having accepted payments for arbitration proceedings conducted by him as state human rights chief. This, according to her, amounts to an offence under the human rights law of 1993.
The home ministry has included the allegation of justice Ganguly having travelled to Pakistan in June 2013 without taking the state governor’s permission, which is mandatory, according to the rules.
Further, his air tickets were provided by a private organisation and being a public servant, justice Ganguly also allegedly violated the law by accepting foreign hospitality in contravention of the Foreign Contribution Regulations Act.
The ministry has stated the attorney general has confirmed these allegations required to be probed and, according to law, in the case of individuals holding the post of human rights commission chief, this can only be done by seeking a presidential reference to the Supreme Court.