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2004 Supreme(Bom) 890

S.A.BOBDE, N.A.BRITTO
Public Grievance Forum, a Public Trust – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
Mr. M.S. Sonak, Advocate for the petitioners.
Mr. A.N.S. Nadkarni, Advocate General with Mr. P.A. Kamat, Government Advocate and Mr. N. Takekar, Additional Government Advocate for the State.

Judgment

S.A. Bobde, J.

By this petition under Articles 226 and 227 of the Constitution of India, the petitioner public Trust challenges Notifications dated 5th May, 1999 and 15th July, 1999, issued by the Government of Goa in exercise of the powers conferred by the proviso to Clause 3 of Article 320 of the Constitution of India so as to amend the Goa Public Service Commission (Exemption from Consultation) Regulations, 1988. By these Notifications the Government of Goa has removed the requirement of consultation with the Goa Public Service Commission in regard to specified matters of specific classes of employees.

2. In brief, the petitioners case is that Article 320 of the Constitution of India makes the consultation with the State Public Service Commission mandatory in the matters specified therein. The matter in regard to which consultation is contemplated are matters relating to the recruitment of Civil Service and the principle to be followed in making appointment to Civil Services and disciplinary matters affecting a person serving under the Government of India or the Government of State and other matters in which it is obligatory to consult the Public Service Commission. Accord


























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