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1983 Supreme(SC) 221

R. S. PATHAK, SABYASACHI MUKHARJEE, Y. V. CHANDRACHUD
President Of India – Appellant
Versus
In The Matter Of Reference Under Article 317(1) Of The Constitution Of India – Respondent


Advocates:
A.SUBASHINI, Anil B.Divan, BHAGVANT SINGH, F.S.NARIMAN, G.L.SANGHI, GIRISH CHANDRA, K.PARASARAN ATTORNEY, M.K.Dua, P.N.PURI, S.K.Bagga, S.K.MEHTA, Sarla Chandra, SOLI J.SORABJI

Judgment

CHANDRACHUD, CJI.:- This is the first reference of its kind made by the President of India to this Court under Article 317 (1) of the Constitution. That article reads thus :

"317. Removal and suspension of a member of a Public Service Commission.

(1). Subject to the provisions of clause (3) the Chairman or any other person of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the SC, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under Art. 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed."

Clause (3) of Art. 317, which confers power on the President to remove the Chairman or any other member of a Public Service Commission for reasons mentioned in sub-clauses (a), (b) and (c), is not relevant for our purpose.

2. Not only is this reference the first of its kind but the facts which have been referred to us for our consideration and report are, shockingly, the first of their kind. We hope they will be the last of their kind. The order of Reference recites those f






















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