IMPORTANT POINT
Position of a Chairman or a Member of a Public Service Commission cannot be equated with that of a public servant and hence the case law pertaining to the suspension and removal of public employees has no relevance in the context of the proceedings under Article 317.

JUDGMENT

K.G. Balakrishnan, CJI.—

1. The Chairman and 8 members of the Haryana Public Service Commission were placed under suspension on 09.08.2008 by Governor of the State of Haryana. A Reference was made under Article 317(1) of the Constitution of India by the Hon’ble President of India. In these Writ Petitions the petitioners have sought for a writ of certiorari for quashing the Reference made on 31.07.2008 by the Hon’ble President of India under Article 317(1) of the Constitution of India and also for a direction that the order of suspension dated 09.08.2008 passed by the Governor of State of Haryana be declared as illegal and be quashed. When the matter came up for consideration, learned Senior Counsel appearing for the petitioners submitted that the first prayer for the writ of certiorari to quash the order of Reference under Article 317 (1) of the Constitution of India is not pressed. Therefore, the only question that arises for consideration in these Writ Petitions is whether the suspension of 8 Members and the Chairman of Public Service Commission by the Governor of Haryana by order dated 09.08.2008 is liable to be set aside or not.

2. We heard the learned Senior Counsel for the petitioners and also counsel for the respondents. The main grievance of the petitioners is that they were neither given show cause notice nor an opportunity to be heard before the order of suspension was issued and thereby the principle of natural justice has been violated. Before examining their submissions, it is necessary to consider the language of the constitutional provisions which deal with the removal and suspension of the members of Public Service Commissions. Article 317 of the Constitution reads as follows:

“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 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 enquiry 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.

(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other members, as the case may be,— a) as adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President.

(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be to be guilty of misbehaviour.”

[emphasis supplied]

3. Article 317 makes it amply clear as to how the members of the Public Service Commission are liable to be removed from office and the founding fathers of our Constitution incorporated this procedure in order to give the Chairman and Members security of tenure to safeguard them against motivated or wrong charges of misbehavior. The obvious intent behind the same is to protect them from undue political pre