Justice JS Khehar, who was a part of the bench headed by Justice BS Chauhan, recused himself from hearing Justice Yadav's petition.
A Supreme Court judge on Friday recused himself from hearing the petition filed by former Punjab and Haryana High Court judge Nirmal Yadav seeking the quashing of proceedings against her in the 2008 cash-at-judge's door case.
Justice JS Khehar, who was a part of the bench headed by Justice BS Chauhan, recused himself from hearing Justice Yadav's petition.
The bench referred the matter to the Chief Justice of India for allocating it before an appropriate bench.
Justice Yadav has sought quashing of the charge sheet filed by CBI against against her on the ground that CJI SH Kapadia has no power to recommend sanction to prosecute her as it was denied by the previous CJI KG Balakrishnan.
She moved the apex court challenging the Punjab and Haryana High Court's order dismissing her plea contesting grant of sanction for her prosecution in the case.
The President had granted prosecution sanction on March 1 last year.
The Punjab and Haryana High Court was rocked by the controversy after a sum of Rs15 lakh was delivered at the residence of Justice Nirmaljit Kaur, another judge of the high court, on August 13, 2008, following which she reported the matter to Chandigarh Police.
The money, allegedly meant for Yadav, was said to have been delivered to Kaur due to confusion over their names.
The high court had rejected Yadav's plea on November 14 last year saying that she cannot claim any special right merely because she had occupied the high constitutional office.
The high court had said that that there was no order by former CJI Balakrishnan declining the prosecution sanction and records confirmed that Justice Kapadia had examined the question of sanction against her for the first time.
The charge sheet was filed against her by the CBI in the special court on March 4 last year, a day after Yadav, then posted as judge of the Uttarakhand High Court, retired.
Yadav had denied the allegation that the money was meant for her.
An FIR was registered on August 13, 2008 under the provisions of the Prevention of Corruption Act against her on a complaint of peon of Kaur.
Initially, the case was investigated by Chandigarh Police and was subsequently transferred to CBI by the then Governor of Punjab and Administrator of Chandigarh.
Earlier, CBI had filed closure report in the case on the ground that prosecution sanction has been declined, but special judge CBI refused to accept the closure report .
On being approached again by CBI, the President granted sanction for prosecution.
On August 27 last, Yadav had appeared for the first time before the CBI Special Court hearing the case and was granted bail after furnishing a bond of Rs25,000.
The CBI had on March 4 filed a charge sheet against Yadav and four others for alleged criminal conspiracy and corruption.
The others include advocate Sanjeev Bansal, Delhi based hotelier Ravinder Singh Bhasin, Chandigarh-based businessman Rajiv Gupta and Nirmal Singh.
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