The Home Ministry has sought the opinion of the Attorney General on the suggestion for the removal of AK Ganguly from his position as Chairman of the West Bengal Human Rights Commission on Thursday.
The suggestion is that the President will have to make a reference to the Supreme Court, which will then order an inquiry.
According to reports, the draft of the presidential reference is expected to go to President Pranab Mukherjee in the next two days.
On Sunday, Additional Solicitor General Indira Jaising wrote to Prime Minister Manmohan Singh and sought the removal of Justice Ganguly as chairman of the West Bengal Human Rights Commission.
Justice Ganguly has been accused of sexually assaulting a law intern who worked with him. The Supreme Court had set up a three-judge panel, which heard testimonies from both, the law intern and Ganguly and submitted its report to the Chief Justice of India, P Sathasivam, naming Ganguly as the accused.
The alleged sexual molestation incident is said to have taken place in a five-star hotel in Delhi last December.