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14/ A bare look on the provisions of the act of 2002 and Rules of 2005 would show that neither the legislature nor the Rule Making Authority has, apparently, conferred any specific power on the Commission for initiation of suo moto proceedings against a public functionary.

15/ In view of the arguments advanced at bar by learned counsel for the respondents, in the ordinary course of things, these Appeals apparently may not succeed. However, an issue of great public importance involved in these Appeals, does call for an in depth look into the Act of 2002 and Rules & Regulations of 2005. 16/ The penal laws in the shape of Prevention of Corruption Act Svt. 2006, Ranbir Penal Code Svt 1989 (1932 A.D) to deal with the omissions and commissions of the Government servants/public functionaries, are already in existence. In terms of the Code of Criminal Procedure, police stations have been constituted for the purpose of lodging of complaints and/or initiation of investigations in respect of alleged commission of offences. These police stations are manned by the police officers of various ranks. Existence of penal laws and of institutions/mechanism for dealing with the corruption, has not measured upto the expectations, which impelled the State Government to enact a law for arresting the further deterioration in the functioning of the public functionaries as defined in terms of section 2(16) of the Act of 2002. These public functionaries include a person, who is or was at any time the Chief Minister or a Minister of the State, Speaker or Deputy Speaker of the State Legislative Assembly, Chairman or Deputy Chairman of State Legislative Council, a member of State Legislature, Advisor to Governor, Advisor including the Political Advisor to Chief Minister of the Government, given the status of Minister or Minister of State by the Government in connection with discharge of his official functions as Chairman (other than a Government servant) of a Statutory Corporation or Autonomous Board. The Minister would also include Minister of State and a Deputy Minister. 17/ In terms of original Act of 2002, the officers appointed to civil and public posts in connection with running the affairs of the State would also come within the jurisdiction of the Commission. However, after amendment of the Act of 2002, which came into force with effect from 19th January, 2011, the civil servants have been taken out of the jurisdiction of the Commission. 18/ A human being is a superior creation of the Creator. A human being in itself constitutes a complete universe. The forces of virtue and vice are always at work and play within the universe of a human being. In order to put human being on the right track and to ensure that he treads the right path and does not stray and follow the evil path, nature has created an accountability mechanism within the human being, otherwise called conscience. This natural force keeps on constantly telling the human being which is right and which is wrong path and further relentlessly reminds him that treading the right path will make his this world and hereafter better for him. Since a human being is part of the society, his following the true principles of life are essential for better living of other human beings. In every society, which includes a democratic society also, the conduct of an individual is regulated by some laws and norms. These laws are natural as well as man made. The accountability mechanism, which nature has created in every human being, constantly keeps on telling him to follow the prescribed laws and norms. Straying from the right path, not only makes an individual to suffer himself but also makes the whole society victim of his breaching the prescribed laws and norms. The societies, which includes democratic societies, governed by rule of law, does prescribe laws and create institutions for regulating the conduct and behavior of the human beings. 19/ The creation of Accountability Commission, through legislative process, is an essential component of having a society, which in true sense is governed by rule of law. The State Legislature has brought within the purview of the Act of 2002, the political executive, which include the Chief Minister and the Ministers. The actions of these authorities and the allegations made, as defined in section 2 sub sections (2) & (3) of the Act of 2002, would require to be investigated by the persons of high caliber. The Legislators, in their wisdom, while establishing the Accountability Commission, have provided that it shall consist of a Chairperson, who has been a Judge of the Supreme Court or Judge of any High Court and such other members, as may be prescribed and the person for being appointed as a member has to be Judge of the High court. The Chairperson and the members, before entering into the offices, are required to make and subscribe before the Hon'ble Governor or any person nominated in this behalf by him an oath or affirmation in the form set out in the Schedule. The Chairperson and the members, if any, are to be appointed by the Governor by warrant under his hand and seal in terms of section 4 of the Act of 2002. Such appointment, however, is to be made after obtaining recommendations of the Committee consisting of :