U.P. PUBLIC SERVICE COMMISSION AT ALLAHABAD versus SURESH CHANDRA TEWARI & ANR.

U.P. PUBLIC SERVICE COMMISSION AT ALLAHABAD versus SURESH CHANDRA TEWARI & ANR.

The dismissal and reversion orders passed by the Commission in disciplinary proceedings against a gazetted officer are appealable to the Governor under Regulation 20, and the Governor acts on the advice of the State Government. The Commission, though a constitutional authority, is not immune from appellate scrutiny as laid out by the service regulations and relevant rules.

Parties
Petitioner: U.P. Public Service Commission at Allahabad; Respondent No. 1: Suresh Chandra Tewari; Respondent No. 2: Anr.
Jurisdiction
India
Judgment Date
07 August 1987
Procedural Posture
Special Leave Petition (civil) No. 3865 of 1987 / Supreme Court Decision on Petition Against High Court Order
Outcome
Petition dismissed
Legal Topics
Public Service Commission Disciplinary Proceedings, Appellate Authority Over Disciplinary Actions, Service Conditions and Appeals of Gazetted Officers
Constitutional Law Administrative Law Civil Service Law Public Service Commission Disciplinary Proceedings Appellate Authority Over Disciplinary Actions Service Conditions and Appeals of Gazetted Officers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

U.P. Public Service Commission at Allahabad

Petitioner

Suresh Chandra Tewari

Respondent No. 1

Anr.

Respondent No. 2

Procedural Posture

Special Leave Petition (civil) No. 3865 of 1987 / Supreme Court Decision on Petition Against High Court Order

Legal Issues

  1. 1 Whether orders passed by the Public Service Commission in disciplinary proceedings against gazetted ministerial officers are subject to appeal to the State Government or Governor.
  2. 2 Whether the Governor must dispose of such appeals personally or act on the advice of the State Government.

Ratio Decidendi

The dismissal and reversion orders passed by the Commission in disciplinary proceedings against a gazetted officer are appealable to the Governor under Regulation 20, and the Governor acts on the advice of the State Government. The Commission, though a constitutional authority, is not immune from appellate scrutiny as laid out by the service regulations and relevant rules.

Court Disposition

Petition dismissed

Orders

  • U.P. Public Service Commission directed to comply with the State Government's order to reinstate respondent and hold fresh inquiry as per law.