IN R/O DR. RAM ASHRAY YADAV CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION versus -

IN R/O DR. RAM ASHRAY YADAV CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION versus -

None of the examined charges against Dr. Yadav, even if established, rise to the level of 'misbehaviour' within the meaning of Article 317(1) of the Constitution, as they, at most, constitute lapses or improprieties and not misconduct requiring removal. There is no evidence of personal wrongdoing or mala fides by Dr. Yadav justifying invocation of Article 317(1).

Parties
Chairman, Bihar Public Service Commission (respondent): Dr. Ram Ashray Yadav; Applicant/referring Authority: Union of India/President of India; Interested Party: Bihar Public Service Commission
Jurisdiction
India
Judgment Date
29 March 2000
Procedural Posture
Reference Under Article 317(1) of the Constitution of India / Advisory Jurisdiction; Supreme Court Enquiry and Opinion/report
Outcome
No misbehaviour established; no action warranted against Dr. Ram Ashray Yadav under Article 317(1).
Legal Topics
Removal of Chairman/members of Public Service Commission, Misbehaviour Under Article 317, Standards of Behaviour for Constitutional Authorities, Procedural Safeguards in Removal Proceedings
Constitutional Law Administrative Law Public Service Law Removal of Chairman/members of Public Service Commission Misbehaviour Under Article 317 Standards of Behaviour for Constitutional Authorities Procedural Safeguards in Removal Proceedings

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Parties

Dr. Ram Ashray Yadav

Chairman, Bihar Public Service Commission (respondent)

Union of India/President of India

Applicant/referring Authority

Bihar Public Service Commission

Interested Party

Procedural Posture

Reference Under Article 317(1) of the Constitution of India / Advisory Jurisdiction; Supreme Court Enquiry and Opinion/report

Legal Issues

  1. 1 Whether the conduct of Dr. Ram Ashray Yadav, Chairman, Bihar Public Service Commission, amounts to 'misbehaviour' warranting his removal under Article 317(1) of the Constitution of India.

Ratio Decidendi

None of the examined charges against Dr. Yadav, even if established, rise to the level of 'misbehaviour' within the meaning of Article 317(1) of the Constitution, as they, at most, constitute lapses or improprieties and not misconduct requiring removal. There is no evidence of personal wrongdoing or mala fides by Dr. Yadav justifying invocation of Article 317(1).

Court Disposition

No misbehaviour established; no action warranted against Dr. Ram Ashray Yadav under Article 317(1).

Orders

  • Report to the President: No charge of misbehaviour established against Dr. Ram Ashray Yadav, Chairman, Bihar Public Service Commission. No action for removal is warranted.
  • Dr. Yadav, whose term has since expired, is to be given all dues he is entitled to under the rules, as there is no question of reinstatement.