OPINION

K.G. Balakrishnan, CJI.—

Under Clause (1) of Article 317, the President of India referred the matter to the Supreme Court of India for an inquiry and report as to whether Shri Ashok Darbari, Chairman of the Chattisgarh Public Service Commission ought to be removed from the office of Chairman of the Commission on the grounds of misbehaviour. This was done by the President pursuant to the request made by the Governor of Chattisgarh on 24.2.2006 containing certain allegations of misbehaviour against the Chairman of the Public Service Commission. Notice was given to the Chairman of the Public Service Commission, Attorney General of India and also the Advocate General of the State of Chattisgarh. On behalf of the State, certain specific allegations have been made. The State proposed to adduce evidence in support of the allegations. 20 witnesses were examined in support of the allegations and 3 witnesses were examined in support of the Chairman of the Public Service Commission. Several documents were also produced.

2. We heard the Shri Amarendra Sharan, ASG, Additional Advocate General of the State of Chattisgarh and also learned Senior Counsel Shri S.K. Gambhir for the Chattisgarh PSC and also Shri Vivek K. Tankha, learned senior Counsel on behalf of Shri Ashok Darbari, Chairman, PSC.

3. The State PSC is constituted under Article 315 of the Constitution. Constitutional makers decided to have an independent body to recruit civil servants by open competition and with that object, an independent and impartial body was proposed to be constituted as the Public Service Commission. With a view to uphold the dignity and independence of the body, salaries, allowance and pension payable to the members of the staff of the Commission are to be charged on the Consolidated Fund of the State and the Chairman of the Public Service Commission is removable only by following the procedure laid down under the Constitution of India. Under sub-clause (1) of Article 317, the Chairman or any member of the 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, on a report that the Chairman or such other member, ought to be removed from the office. Article 317 of the Constitution does not define ‘misbehaviour’ or enumerate what acts would constitute ‘misbehaviour’. It is only after a fact finding inquiry is held, it could be said whether the alleged acts committed by the Chairman amount to ‘misbehaviour’. The Chairman of the Public Service Commission is expected to show absolute integrity and impartiality in exercising the powers and duties as Chairman. His actions shall be transparent and he shall discharge his functions with utmost sincerity and integrity. If there is any failure on his part, or he commits any act which is not befitting the honour and prestige as a Chairman of the Public Service Commission, it would amount to misbehaviour as contemplated under the Constitution. If it is proved that he has shown any favour to the candidate during the selection process, that would certainly be an act of misbehaviour. The charges levelled against the Chairman of the Public Service Commission Shri Ashok Darbari are to be viewed in this background.

4. It is alleged that ever since Shri Ashok Darbari had been appointed, there were complaints in respect of his working ability and impartiality as Chairman of the Public Service Commission. In this case, four specific charges have been alleged against Shri Ashok Darbari. We will consider each charge allegedly made against him.

5. The first charge made against him is that he committed grave irregularities and mismanagement in conducting the preliminary examination conducted by the Chattisgarh Public Service Commission for the year 2005. To prove this charge, PW1, PW 10, PW 16