BIHAR PUBLIC SERVICE COMMISSION AND ANR. ETC. versus DR. SHIV JATAN THAKUR AND ORS. ETC.

BIHAR PUBLIC SERVICE COMMISSION AND ANR. ETC. versus DR. SHIV JATAN THAKUR AND ORS. ETC.

A Member of the Bihar Public Service Commission is not entitled to similar facilities and amenities as the Chairman; withdrawal of such facilities by the Chairman for administrative exigencies does not amount to variation of service conditions. A Member cannot invoke writ jurisdiction to challenge Commission functions as a body, and interim orders passed by the High Court interfering with the Commission's normal function are unsustainable.

Parties
Appellant: Bihar Public Service Commission; Respondent: Dr. Shiv Jatan Thakur; Respondent: State Government of Bihar; Respondent: Chairman, Bihar Public Service Commission (Dr. Ram Ashray Yadav); Respondent: Secretary, Bihar Public Service Commission
Jurisdiction
India
Judgment Date
22 July 1994
Procedural Posture
Civil Appeal and Transferred Case / Supreme Court Decision on Appeal and Transferred Writ Petition
Outcome
Appeal allowed; transferred writ petition dismissed
Legal Topics
Service Conditions of Public Service Commission Members, Writ Jurisdiction, Conditions of Service, Interim Orders, Discretionary Jurisdiction
Constitutional Law Administrative Law Service Conditions of Public Service Commission Members Writ Jurisdiction Conditions of Service Interim Orders Discretionary Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Bihar Public Service Commission

Appellant

Dr. Shiv Jatan Thakur

Respondent

State Government of Bihar

Respondent

Chairman, Bihar Public Service Commission (Dr. Ram Ashray Yadav)

Respondent

Secretary, Bihar Public Service Commission

Respondent

Procedural Posture

Civil Appeal and Transferred Case / Supreme Court Decision on Appeal and Transferred Writ Petition

Legal Issues

  1. 1 Whether a Member of the Bihar Public Service Commission is entitled to similar facilities and amenities as the Chairman
  2. 2 Whether the withdrawal of facilities amounts to variation of service conditions
  3. 3 Whether a Member can challenge the functions performed by the Commission as a body in writ jurisdiction

Ratio Decidendi

A Member of the Bihar Public Service Commission is not entitled to similar facilities and amenities as the Chairman; withdrawal of such facilities by the Chairman for administrative exigencies does not amount to variation of service conditions. A Member cannot invoke writ jurisdiction to challenge Commission functions as a body, and interim orders passed by the High Court interfering with the Commission's normal function are unsustainable.

Court Disposition

Appeal allowed; transferred writ petition dismissed

Orders

  • Supreme Court sets aside the interim orders appealed against
  • Dismisses the transferred writ petition (CWJC 1898/92)