NEW DELHI: President Droupadi Murmu does not appear to have accepted the resignation of Justice Yashwant Varma, who, faced with a removal motion after the discovery of wads of unaccounted money in his official residence in Delhi, had submitted his resignation nearly a month ago. His name still appears at serial number four on the list of judges on the High Court official portal, preceded by Justices M C Tripathi, Arindam Sinha, and Ranjan Roy. This suggests that the President has not yet formally accepted his resignation from the post of High Court judge.
Resignation Letter Details
In his resignation letter dated April 9, addressed to the President, Justice Varma stated, “While I do not propose to burden your august office with the reasons which have constrained me to submit this missive, it is with deep anguish that I hereby tender my resignation from the office of the judge of Hon’ble High Court of Judicature at Allahabad, with immediate effect.”
Legal Framework Under Article 217(1)
According to Article 217(1) of the Constitution, a judge ceases to hold office if they resign by sending a resignation letter “by writing under his hand addressed to the President.” A five-judge Supreme Court bench in the Gopal Chandra Misra case on February 15, 1978, addressed how a judge's resignation takes effect. The court unanimously held that once a judge sends their resignation to the President, they are deemed to have ceased to be a judge. In that case, the judge had set a prospective date for resignation and later withdrew it before that date. The Supreme Court, by a four-to-one majority, ruled that since the resignation was prospective, the judge had the right to withdraw it prior to the appointed date.
Immediate Effect of Resignation
In contrast, Justice Varma's resignation was categorical, stating it was “with immediate effect.” This means, as per Article 217(1), he ceased to be a High Court judge the moment his letter resigning with immediate effect was received by the President. Unnerved by evidence from eyewitnesses who doused a fire at his residence last year, Justice Varma saw the writing on the wall, withdrew from inquiry proceedings, and resigned.
