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2010 Supreme(Online)(SC) 119

SUPREME COURT
, J
In re: v. Mehar Singh Saini Chairman HPSC and Others
Reference under Art.317(1) of the Constitution | 2008



The court found that the chairman and members of the Haryana Public Service Commission misbehaved by failing to maintain integrity, refusing to cooperate with investigations, and engaging in arbitrary selections, justifying their removal under Article 317(1).

Headnote:(A) Constitution of India - Article 315 to 320 - Reference for removal of Chairman and Members of the Haryana Public Service Commission due to allegations of misbehaviour - Required standards of integrity and rectitude not maintained - Evidence showed deliberate non-cooperation in investigations, favoritism, and manipulation of selection processes - Chain of irregularities substantiated by inquiries and evidence - Respondents guilty of misbehaviour warranting removal from office. (Paras 1, 2, 11, 82, and 84)

(B) Misbehaviour defined - Distinction between misbehaviour and misconduct established - Higher standards required for holders of constitutional posts. (Paras 39 - 44)

(C) Nature of inquiry under Article 317(1) - Found to be sui generis, distinct from ordinary service jurisprudence or criminal law standards. (Paras 29, 30, 41)

(D)

Findings of Court:
The conduct of the Commission's members amounts to misbehaviour under Article 317(1) of the Constitution. (E)

Result: The Presidential Reference is affirmed, calling for removal of the Chairman and Members from their respective offices.

Table of Content
1. importance of integrity in public service commissions. (Para 1 , 2 , 3 , 4 , 5)
2. factual background of the reference and irregularities. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. jurisdictional scope of the inquiry under article 317. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. nature of the inquiry under article 317 of the constitution. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29)
5. difference between misbehaviour and misconduct. (Para 30 , 31 , 32 , 33 , 34)
6. evidence must meet the expected standards for public officials. (Para 35 , 36 , 37 , 38 , 39)
7. consequences of failing to uphold standards in public service. (Para 40 , 41 , 42 , 43 , 44)
8. respondents found guilty of misbehaviour and justified removal. (Para 85 , 86 , 87)

1. Historically, the constituent assembly debates reflect the desire of. the framers of the Constitution to ensure complete independence, integrity and fairness in the country's administration. Besides discernibly stating the privileges, functions and responsibilities of the three paramount pillars of the Indian Constitution, i.e. legislature, executive and judiciary, the Constitution also provided three instruments to ensure proper checks and balances in the functioning of the Government. These organs are the Supreme Court to ensure proper administration of justice, the Auditor General to maintain the purity of the country's finances, expenditure and collection of taxes and lastly, the Federal Public Service Commission to maintain the purity and integrity of the country's services.

2. The Constitution, in Part XIV, provides for establishment of the Union and State Public Service Commissions with the primary object of providing equal opportunity to the people of India in matters relating to appointment. Establishment of these Commissions is one of the important facets of the constitutional scheme. Public Service Commissions are expected to adopt a fair and judicious process of selection to ensure that deserving and meritorious candidates are inducted to the services of the State. This should not only be done but also appear to have been done. In re, Dr. Ram Ashray Yadav , Chairman Bihar PSC, 2000 (4) SCC 309 , this Court observed as follows:
"1. Founding Fathers of the Indian Constitution relying upon the experience in other countries wherever democratic institutions exist, intended to secure an efficient civil service. This is the genesis for setting up autonomous and independent bodies like the Public Service Commission at the center and in the States. The values of independence, impartiality and integrity are the basic determinants of the constitutional conception of Public Service Commissions and their role and functions."
A clear distinction has been drawn by the framers between service under the Centre or the States and services in the institutions which are creations of the Constitution itself. Art.315 of the Constitution commands that there shall be a Union Public Service Commission for the Centre and State Public Service Commissions for the respective States. This is not, in any manner, linked with the All India Services contemplated under Art.312 of the Constitution to which, in fact, the selections are to be made by the Commission. The fact that the Constitution itself has not introduced any element of inter - dependence between the two, undoubtedly, points to the cause of Commission being free from any influence or limitation. The constitutional scheme contained in Art.315 to 320 noticeably demonstrates not only the complete independence of the Public Service Commissions in discharge of their functions, but also ensures complete security and protection of tenure to its Chairman / Members. A very cumbersome process has been provided by the Constitution for the removal of the Chairman and Members of the Commission. This constitutional intent of ensuring autonomy is underscored by the fact that it is only where the Governor of the State makes a reference to the Presi



























































































































































































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