JUDGMENT

A.S.ANAND, CJI.

(1) FOUNDING Fathers of the Indian Constitution relying upon the experience in other countries wherever democratic institutions exist, intended to secure an efficient civil service. This is the genesis for setting up an autonomous and independent bodies like the Public Service Commission at the Centre and in the States. The values of independence, impartiality and integrity are the basic determinants of the constitutional conception of Public Service Commissions and their role and functions.

(2) THE Constitution has made provisions to protect civil service, as far as possible, from political or personal influence and give it that position of stability and security, which is vital to its successful working as an impartial and efficient instrument of the State.

(3) TO enable the Public Service Commissions to discharge their constitutional duties and obligations in a full measure, the framers of the Constitution not only armed them with enhanced powers and increased functions, but also provided security of tenure for the Chairman and Members. Strict judicial procedure contained in Article 317(1) and the Rules framed thereunder by this Court and the requirement that the President must have the supporting report of the Supreme Court in order to suspend or remove the Chairman or Member of a. Public Service Commission are undoubtedly intended to also provide safeguard to the Chairman and Members of the Commission against motivated or wrong charges of misbehaviour, in the larger interest of the administration of civil services in the country.

(4) KEEPING in line with the high expectations of their office and need to observe absolute integrity and impartiality in the exercise of their powers and duties, the Chairman and Members of Public Service Commission are required to be selected on the basis of their merit, ability and suitability and they in turn are expected to be models themselves in their functioning. The character and conduct of the Chairman and Members of the Commission, like Caesars wife, must therefore be above board. They occupy a unique place and position and utmost objectivity in the performance of their duties and integrity and detachment are essential requirements expected from the Chairman and Members of Public Service Commissions.

(5) CHAIRMAN of the Public Service Commission is in the position of a constitutional trustee and the morals of a constitutional trustee have to be tested in a much stricter sense than the morals of a common man in the market place. Most sensitive standard of behaviour is expected from such a constitutional trustee. His behaviour has to be exemplary, his actions transparent, his functioning has to be objective and in performance of all his duties he has to be fair, detached and impartial.

(6) ARTICLE 317 of the Constitution of India deals with removal and suspension of Chairman or any other Member of Public Service Commission and lays down:

"317(1) - Subject to the provisions of clause (3), the Chairman or any other Member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed."

(7) IN exercise of the powers under Article 317(1) of the Constitution (supra), the President, Republic of India, on 22nd January, 1997 made the following reference to this Court for conducting an enquiry and submitting a report as to whether Dr. Ram Ashray Yadav, Chairman, Bihar Public Service Commission, ought, on the ground of misbehaviour, be removed from the Office of the Chairman of the Commission:

"WHEREAS Dr. Jagannath Mishra, then mla and Leader of the Opposition, Bihar sent a