REFERENCE BY THE PRESIDENT UNDER ARTICLE 317(1) OF CONSTITUTION OF INDIA IN RESPECT OF SHRI RAVINDER PAL SINGH SIDHU, CHAIRMAN, PB. PUBLIC SERVICE COM versus .

REFERENCE BY THE PRESIDENT UNDER ARTICLE 317(1) OF CONSTITUTION OF INDIA IN RESPECT OF SHRI RAVINDER PAL SINGH SIDHU, CHAIRMAN, PB. PUBLIC SERVICE COM versus .

When the incumbent Chairman has ceased to hold office and gives up all claims to retiral benefits, the question of his removal from office does not arise, rendering the Reference infructuous.

Parties
Former Chairman, Punjab Public Service Commission: Shri Ravinder Pal Singh Sidhu; Union: Union of India; State: State of Punjab; Appearing Party: P. Panneswaran; Appearing Party: R.S. Suri; Appearing Party: Atul Nanda; Appearing Party: Ajay Bansal; Appearing Party: P.H. Parekh; Appearing Party: Lalit Chauhan; Appearing Party: Sultan Singh; Appearing Party: Manish K. Saryal
Jurisdiction
India
Judgment Date
13 January 2003
Procedural Posture
Advisory Reference / Disposition by Supreme Court
Outcome
Reference disposed of as infructuous
Legal Topics
Removal and Suspension of Chairman of Public Service Commission, Interpretation of Articles 316, 317
Constitutional Law Removal and Suspension of Chairman of Public Service Commission Interpretation of Articles 316, 317

Case Brief

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Parties

Shri Ravinder Pal Singh Sidhu

Former Chairman, Punjab Public Service Commission

Union of India

Union

State of Punjab

State

P. Panneswaran

Appearing Party

R.S. Suri

Appearing Party

Atul Nanda

Appearing Party

Ajay Bansal

Appearing Party

P.H. Parekh

Appearing Party

Lalit Chauhan

Appearing Party

Sultan Singh

Appearing Party

Manish K. Saryal

Appearing Party

Procedural Posture

Advisory Reference / Disposition by Supreme Court

Legal Issues

  1. 1 Whether removal proceedings under Article 317(1) are maintainable after the chairman's tenure ends and he gives up all retiral benefits

Ratio Decidendi

When the incumbent Chairman has ceased to hold office and gives up all claims to retiral benefits, the question of his removal from office does not arise, rendering the Reference infructuous.

Court Disposition

Reference disposed of as infructuous

Orders

  • Reference treated as infructuous and report sent to the President accordingly.