1. Reference by President for inquiry into misbehaviour charges against Chairman, Bihar Public Service Commission under Article 317. (Para 7 )
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2000 Supreme(SC) 643
SUPREME COURT OF INDIA
DR A.S. Anand, CJI., S. RAJENDRA BABU AND DORAISWAMY RAJU, JJ
IN RIO DR RAM ASHRA YADAV,CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION
Special Reference No. 1 of 1997 with IA No. 2
Decided on March 29, 2000
Constitutional trustees are held to a higher behavioral standard, yet administrative lapses lacking mala fide intent or personal misconduct do not constitute 'misbehaviour' under Article 317(1) of the Constitution justifying removal from office.
Headnote:(A) Constitution of India - Article 317(1) - Removal of Chairman or member of Public Service Commission - Ground of misbehaviour - Chairman and members of a Public Service Commission occupy the position of constitutional trustees - A stricter standard of behavior is expected from such trustees than from a common man - Integrity, impartiality, and objectivity are essential to maintain public faith in the institution (Paras 4, 5).
(B) Misbehaviour - Administrative lapses, actions taken in accordance with past conventions, or decisions lacking evidence of mala fide intent or personal misconduct do not constitute "misbehaviour" sufficient to warrant removal from office under the Constitution (Paras 31, 33).
Facts of the case:
A reference was made to the Court to inquire whether the Chairman of a State Public Service Commission ought to be removed from office on the ground of misbehaviour. The charges included allegations of favoritism in the selection process of a candidate, instigating the state government to file a false affidavit in court, disregarding statutory rules and mandates by introducing a centralized evaluation system, and misusing official telephone facilities for private purposes.
Findings of Court:
Regarding the selection process, the Court found that the decision was made by a collective board and there was no evidence of personal influence by the Chairman. On the charge of the false affidavit, the Court noted that the draft was approved by the Chief Minister and no evidence linked the Chairman to its instigation. The introduction of a new evaluation system was found to be based on past practice and was not mala fide. Finally, the telephone expenses were found to be within the sanctioned budget for the period.
Issues: Whether the alleged acts and conduct of the Chairman of the State Public Service Commission amounted to "misbehaviour" within the meaning of Article 317(1) of the Constitution of India.
Ratio Decidendi: Although constitutional trustees must exhibit exemplary conduct to preserve the credibility of their institution, administrative lapses that do not involve proven mala fides or personal misconduct do not meet the legal threshold of "misbehaviour" required for the extreme step of removal from office under Article 317(1).
Result: No action called for against the Chairman.
Legal Category Hierarchy
- constitutional law
- administrative law
- practice and procedure
Table of Contents
2. Charges alleged misbehaviour in selections, filing false affidavit, usurping Commission functions, and misuse of telephone by Chairman. (Para 17 , 22 , 26 , 32 )
3. Chairman's actions were lapses, not misbehaviour; no personal indictment in court decisions; expenditure within sanctioned limits. (Para 21 , 25 , 29 , 30 , 31 )
4. Misbehaviour under Article 317 must involve personal culpability, not mere procedural lapses or actions in official capacity. (Para 33 )
5. No charge of misbehaviour established; no action called for; report submitted to President. (Para 35 , 36 )
6. What constitutes 'misbehaviour' under Article 317 of the Constitution for removal of a Public Service Commission Chairman?
Misbehaviour requires personal culpability, not mere procedural lapses or official acts like signing selection lists as Chairman. (Para 21 , 33 )
7. Can a Chairman be held liable for collective decisions of a Public Service Commission?
No, unless there is specific indictment of personal involvement or influence in the decision-making process. (Para 21 )
8. Does exceeding or acting beyond prescribed procedure by a Chairman fall within the definition of 'misbehaviour' under Article 317?
Acting beyond past practice or procedure without personal motivation or mala fides is a lapse, not misbehaviour warranting removal. (Para 29 , 31 )
Judgment
DR A.S. ANAND, C.J.I.- The Founding Fathers of the Indian Constitution relying upon the experience in other countries wherever democratic a institutions exist, intended to secure an efficient civil service. This is the genesis for setting up 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 the 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 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 the 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 the 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 the Public Service Commissions.
5. The 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 marketplace. 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 the Chairman or any Qther member of the 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 22-1-1997 made the following reference to this Court for conducting an inquiry 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 letter in February 1994 enclosing a list conta
