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1990 Supreme(SC) 859
SUPREME COURT OF INDIA
L.M. Sharma, P.B. Sawant, JJ.
Santosh Chowdhary - Petitioner
Versus
Gopal Krishna Saini - Respondent
Special Reference No. 1 of 1983.
Decided On : 3-8-1990
For the Appearing Parties :- Sri Soli J. Sorabji, Sri R.N. Mital, Sri Girish Chandra, Miss A. Subhashini, Sri C.M. Nayar and Sri S.K. Mehta, Advocates.
Headnote:
Constitution of India - Article 317 - Public Service Commission - Consistent evidence – Claim of compensation – Thereafter along with and other three Members of the Commission left the Committee Room and proceeded towards the complainants office when a very unpleasant incident took place been absent on the previous two days and Chairman, enquired from him the reason. She also asked him to inform her in advance whenever in the future he had to remain absent - According to her further case did not take the advice in the right spirit and suggested that the Chairman may put the same in writing on which she wasted a clarification as to the matter she was being asked to put in writing. She alleges that thereupon without any provocation or any further conversation, gave a full-blooded hard slap across her face which not only stunned her but left her in great physical shock and pain. Other Members of the Commission who were just behind her were also shocked by this conduct - One of the Members led her to her office and the other two Members also later followed but disappeared from the scene - It is said that she sent her complaint in the form of a confidential letter addressed to Dr. then Governor of Punjab, with a copy to then Chief Minister of Punjab – Held, has also relied upon certain circumstances which according to him disproved the case of the complainant. Great emphasis has been laid on the statement of husband to the Press describing the incident as a minor one. This is a natural conduct. If a lady occupying the high position of a Chairman of a Public Service Commission is physically assaulted, it is expected that people closely related to her and interested in maintaining her high dignity would like to hush-up the matter rather than give it wide publicity. It is, therefore, not possible to discredit the story of assault on the basis of the newspaper report. It has been next argued that having regard to the incident taking place in the open corridor of the building and the position of the room or the rooms where the members of the staff sit, it was to be expected that at least some members of the staff must have witnessed what had happened but none has come as a witness to support the allegation. This also is not an unexpected conduct on their part. There is nothing unnatural if they decided not to involve themselves in their individual capacities in a dispute of this nature. Besides, there is a resolution on the record of this proceeding passed by the members of the staff collectively condemning the incident in general terms. It has been suggested on behalf of the respondent that this has been obtained by the Chairman by exercising her influence. If some of the employees of the Commission had come to the witness box, the same criticism would have been made by the respondent against their evidence. We are also conscious of the fact that Sri Sondhi who was assisting the Commission as an expert has not been examined in the case. This merely indicates that he was not willing or available to support cither party - Consistent evidence of the three Members of the Commission further indicates that an attempt to bring about a reconciliation by persuading the respondent to tender an apology was made but failed - Chairman was under great stress both physical and mental and she had to be consoled by her colleagues – Court would at this stage again that no special reason can be suggested for the Members to cook up a false story, specially when they had also earlier tasted the arrogance of the Chairman, and complaints and counter-complaints between her and at least one of them had reached even the ears of Governor - Now the question is whether Sri Saint deserved to be removed on account of his conduct. Persons occupying high public offices should maintain irreproachable behavior – Order accordingly
JUDGMENT :
L.M. Sharma, J. - This is a Reference under Article 317(1) of the Constitution made by the President of India to this Court for inquiry and report on the complaint of Smt. Santosh Chowdhary, Chairman of the Punjab Public Service Commission alleging misbehaviour on die part of Sri Gopal Krishna Saini, a Member of the Commission.
2. According to the case of Smt. Chowdhary, a number of candidates for certain appointments were interviewed at Patiala on 24th November 1982 till about 1.15 P.M. Thereafter Smt. Chowdhary along with Sri Saini and the other three Members of the Commission left the Committee Room and proceeded towards the complainant's office when a very unpleasant incident took place. Sri Saini had been absent on the previous two days and Smt. Chowdhary, the Chairman, enquired from him the reason. She also asked him to inform her in advance whenever in the future he had to remain absent. According to her further case, Sri Saini did not take the advice in the right spirit and suggested that the Chairman may put the same in writing on which she wasted a clarification as to the matter she was being asked to put in writing. She alleges that thereupon Sri Saini, without any provocation or any further conversation, gave a full-blooded hard slap across her face which not only stunned her but left her in great physical shock and pain. Other Members of the Commission who were just behind her were also shocked by this conduct. One of the Members led her to her office and the other two Members also later followed but Sri Saini disappeared from the scene. It is said that she sent her complaint in the form of a confidential letter addressed to Dr. M. Chenna Reddy, the then Governor of Punjab, with a copy to Sri Darbara Singh, the then Chief Minister of Punjab.
3. Before proceeding further with the other details leading to the present Reference it may be stated that Smt. Chowdhary was appointed a Member of the Punjab Public Service Commission in February 1975 and as the Chairman on 28th May 1980. Sri Saini was appointed a Member on 30th May 1980. After the General Elections in Punjab Sri Darbara Singh became the Chief Minister of the State in early June 1980.
4. The Governor was not available in Punjab and, therefore, it is said that the complaint was forwarded to the Government of India by the Chief Minister on 25th November 1982. The alleged incident did not get any publicity for sometime and a news item appeared in one of the daily papers for the first time on 11th December 1982. Sri Saini thereafter received a charge-sheet dated 15th December 1982 from the Chief Secretary asking for his reply. Besides taking several technical objections, Sri Saini denied the story of Smt. Chowdhary. The other three Members of the Commission, namely, Sri H.S. Deol, Sri M.S. Brar and Sri W.G. Lall, generally supported the complainant's allegation. The present Reference was made by the President of India after considering the reply of Sri Saini and the statements of Sri Deol, Sri Brar and Sri Lall.
5. After the receipt of the Reference, this Court directed notice to be served on all the five Members of the Commission and they filed their sworn statements. Affidavits were also filed by several other persons who claimed to have knowledge of the incident or of its alleged background. The Attorney General for India and the Advocate General of Punjab also appeared to assist the Court. It was contended on behalf of Sri Gain that since the alleged incident, if assumed to be true, may lead to his indictment of having committed a criminal act or in any event an act which may expose him to civil action, the Reference should not have been made by the President without fully satisfying himself (by getting the matter investigated) that Africa prima facie case was made out. It was argued that this Court i should not make an inquiry into allegations involving disputed facts as that may prejudice a future action in the ordinary civil or criminal court. After
