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2009 Supreme(SC) 1423

K. G. BALAKRISHNAN, P. SATHASIVAM, J. M. PANCHAL
Ram Kumar Kashyap – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Shanthi Bhushan, Harish N. Salve, Raju Ramachandran, Sr. Advocates, Hawa Singh Hooda, Advocate Genl., Manjit Singh, AAG, R. Chandrachud, Sanjai Kumar Pathak, Adity Kr. Chaudhary, Harikesh Singh, Kamal Mohan Gupta, Sudhir Nandrajog, Advocates.

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 f
























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