JUDGMENT

A.M. Ahmadi, CJI. - This is a reference from the President of India for enquiry and report as to whether Shri Sher Singh, Member of Haryana Public Service Commission (hereinafter referred to as "the Commission"), ought, on the ground of misbehaviour, be removed from the office of the Member of the Commission.

2. The Commission held a written examination from 2.10.1993 to 15.10.1993 for recruitment to 62 posts for different services under the Government of Haryana including 12 posts in the Haryana Civil Service (Executive Branch) (hereinafter referred to as "the said examination"). However, before the results were declared, some difference arose between the Members of the Commission and certain irregularities in keeping the records of the examination were alleged. This led to scrapping of the said examination followed by the resignation of the Chairman Shri L.D. Kataria from the Commission. The resignation letter submitted to Shri Dhanik Lal Mandal, Governor of Haryana, disclosed the allegations of facts leading to his resignation. The facts alleged by him can be narrated in brief as under :

3. The Secretary of the Commission was responsible for maintaining secrecy with regard to the entire process of examination and interview so as to ensure objective and impartial selection of candidates. Neither the Chairman nor the Members were expected to know the results of any individual candidate in the written examination. The examiners were to be selected by the Secretary in consultation with the Chairman and the Secretary had to maintain complete secrecy about the same. The papers sent for marking and received back from the examiners, were handled by the Secretary under the orders of the Chairman. The marking is done on the basis of fictitious roll numbers (code numbers) given to each answer sheet after tearing out the original roll numbers called the clippings. The key i.e. the document containing clue to decoding the fictitious roll numbers, is drawn up by the Secretary and kept under sealed cover by him. The results are compiled on the basis of the fictitious roll numbers and later the key is opened in the presence of the Chairman at the time the results are to be finally compiled and declared. Thereafter, all relevant papers including the key are sealed and kept till the interviews are over and results are finally declared. In the said examination, Shri T.R. Tuli, former Secretary, exhibited carelessness by not sealing the key containing the original and fictitious roll number in time and when on 29th December, 1995 the Members of the Commission wanted to see the key for ensuring its secrecy, the Secretary brought the key in his brief-case which he claimed was kept in double lock but not sealed. The Secretary was reprimanded for the lapse. The key was sealed and signed by the two Members in addition to the Secretary. The Secretary Shri T.R. Tuli was transferred and the new Secretary took over the proceeded to compile the result. The Members thereafter wanted to see certain records including the secret documents on 21st June, 1994. The Secretary on that day was on leave. On 22nd June, 1994, the news item in local Tribune was published under the caption "No confidence in HPSC Chief". In order to clarify the matter, the Chairman discussed the matter with the Members and convened a Press Conference on 23.6.1994. During the Press Conference, although the Chairman emphasised that the said examination was not void and that all allegations would be looked into before the result was finally declared, Shri Sher Singh, Member of the Commission, vociferously repeated the allegations regarding non-sealing of key as also the clippings and reiterated that the said examination needs to be held void. The controversy had been blown out of all proportions leading to erosion of the image of the Commission. The Chairman had defended the position of the Commission because the omission to seal the key was a technical lapse. However, in view of th