Kolkata, Sep 1 (IANS): Justice Soumitra Sen, against whom the Rajya Sabha has passed an impeachment motion, resigned Thursday as a judge of the Calcutta High Court, his lawyer said.

He sent his resignation letter to President Pratibha Patil with a copy to Lok Sabha Speaker Meira Kumar.

"He sent his resignation letter to the president of India with a copy to the Lok Sabha speaker," Justice Sen's lawyer Subhash Bhattacharya told IANS.

The Lok Sabha was scheduled to take up the impeachment motion against Sen Sep 5.

The Lok Sabha Secretariat had informed Justice Sen about the proceedings and asked him to appear at 3 p.m. on that day to present his case before the house.

The Rajya Sabha had on Aug 18 approved the impeachment motion against Justice Sen, only the second judge to face such proceedings. Subject to the motion being passed by the lower house, Justice Sen would have become the country's first judge whose removal had been sought by parliament for misconduct.

Justice Sen, then an advocate, was held guilty of misappropriating Rs.33.23 lakh in a 1983 case, while he was appointed a receiver by the high court.

He denied the allegations during his hearing in the Rajya Sabha.