The Centre expects that it will be able to decide by next week on sending a Presidential reference to the Supreme Court to probe allegations against Justice A K Ganguly, who is facing allegations of sexual harassment, and suggest whether he should be removed from the chairmanship of West Bengal Human Rights Commission.

The Union Home Ministry and Law Ministry are believed to be in agreement that prima facie a case can be made out against the former Supreme Court judge following the allegations of a law intern, sources said.

Home Minister Sushilkumar Shinde said on Friday his Ministry has sent the papers for legal vetting.

“That will come early next week and after that we will take a decision,” Shinde told reporters here when asked whether the government will take a decision on sending the Presidential reference in the Ganguly case to the Supreme Court.

Justice Ganguly has denied the allegations and refused to resign from the post. The Presidential reference to be made to the apex court will first be cleared by the Union Cabinet before it is sent to the President.

The Home Ministry move came after President Pranab Mukherjee referred to it a letter by West Bengal Chief Minister Mamata Banerjee seeking Ganguly’s removal.
The chairman of a State Human Rights Commission (SHRC) can be removed on the orders of the President after receipt of the Supreme Court’s inquiry report.

According to Section 23 of the Human Rights Act, the chairperson or any other member of the State Human Rights Commission shall only be removed from his office by order of the President on the ground of “proved misbehaviour or incapacity” after the Supreme Court inquiry.