REFERENCE UNDER ARTICLE 317 (1) NO.2 OF 2008 IN RE: MEHAR SINGH SAINI, CHAIRMAN, HPSC AND ORS. versus --

REFERENCE UNDER ARTICLE 317 (1) NO.2 OF 2008 IN RE: MEHAR SINGH SAINI, CHAIRMAN, HPSC AND ORS. versus --

Approved articles of charge 2 to 5, 8 and 9 are established against the Chairman and Members of HPSC, showing non-cooperation, withholding of records, manipulation and conduct falling below required standards. This constitutes 'misbehaviour' under Article 317(1), justifying removal from office. Standard of proof is reasonable preponderance of probabilities.

Parties
Chairman, Haryana Public Service Commission (hpsc), Respondent: Mehar Singh Saini; Member, Haryana Public Service Commission, Respondent: Santosh Singh; Member, Haryana Public Service Commission, Respondent: Ram Kumar Kashyap
Jurisdiction
India
Judgment Date
12 November 2010
Procedural Posture
Reference Under Article 317(1) of the Constitution of India / Inquiry and Report by Supreme Court on Presidential Reference
Outcome
Reference answered in the affirmative; removal from office recommended.
Legal Topics
Removal of Chairman/members of Public Service Commission, Misbehaviour Under Article 317(1), Standards of Proof for Constitutional Office Holders, Judicial Procedure Under Article 317(1)
Constitutional Law Administrative Law Removal of Chairman/members of Public Service Commission Misbehaviour Under Article 317(1) Standards of Proof for Constitutional Office Holders Judicial Procedure Under Article 317(1)

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 5 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Mehar Singh Saini

Chairman, Haryana Public Service Commission (hpsc), Respondent

Santosh Singh

Member, Haryana Public Service Commission, Respondent

Ram Kumar Kashyap

Member, Haryana Public Service Commission, Respondent

Procedural Posture

Reference Under Article 317(1) of the Constitution of India / Inquiry and Report by Supreme Court on Presidential Reference

Legal Issues

  1. 1 Whether the conduct of Chairman/Members of HPSC amounted to misbehaviour under Article 317(1) justifying removal
  2. 2 Whether Supreme Court could consider additional or supplementary articles of charge explanatory or related to the original reference
  3. 3 Standard of proof required for removal under Article 317(1)

Ratio Decidendi

Approved articles of charge 2 to 5, 8 and 9 are established against the Chairman and Members of HPSC, showing non-cooperation, withholding of records, manipulation and conduct falling below required standards. This constitutes 'misbehaviour' under Article 317(1), justifying removal from office. Standard of proof is reasonable preponderance of probabilities.

Court Disposition

Reference answered in the affirmative; removal from office recommended.

Orders

  • Private respondents (Chairman and Members, HPSC) are found guilty of misbehaviour under Article 317(1) and recommended for removal from office.
  • Reference to be transmitted to President of India forthwith.