IN RE: UNDER ARTICLE 317(1) OF THE CONSTITUTION OF B INDIA FOR ENQUIRY AND REPORT ON THE ALLEGATIONS AGAINST DR. H.B. MIRDHA, CHAIRMAN, ORISSA PSC versus .

IN RE: UNDER ARTICLE 317(1) OF THE CONSTITUTION OF B INDIA FOR ENQUIRY AND REPORT ON THE ALLEGATIONS AGAINST DR. H.B. MIRDHA, CHAIRMAN, ORISSA PSC versus .

None of the charges of misbehaviour, concealment, misbehaviour with members, association with private coaching centre, or bribery, stood proved against Dr. H.B. Mirdha. Error of judgment or negligence does not per se amount to misbehaviour under Article 317(1); no credible evidence showed misconduct requiring removal.

Parties
Referrer: President of India; Respondent: Dr. H.B. Mirdha
Jurisdiction
India
Judgment Date
10 November 2008
Procedural Posture
Reference Under Article 317(1) of the Constitution of India / Advisory Jurisdiction; Enquiry and Report
Outcome
Reference answered in the negative; Reference disposed of in favour of Dr. H.B. Mirdha.
Legal Topics
Public Service Commission, Misbehaviour of Chairman/member, Natural Justice, Removal From Office, Bias, Declaration of Interest
Constitutional Law Administrative Law Public Service Commission Misbehaviour of Chairman/member Natural Justice Removal From Office Bias Declaration of Interest

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Parties

President of India

Referrer

Dr. H.B. Mirdha

Respondent

Procedural Posture

Reference Under Article 317(1) of the Constitution of India / Advisory Jurisdiction; Enquiry and Report

Legal Issues

  1. 1 Whether the Chairman, Orissa Public Service Commission, ought to be removed on the ground of misbehaviour under Article 317(1) of the Constitution of India
  2. 2 Whether opportunity of hearing is required before making Reference under Article 317(1)
  3. 3 Whether the Chairman committed misbehaviour by concealing candidature of his relatives

Ratio Decidendi

None of the charges of misbehaviour, concealment, misbehaviour with members, association with private coaching centre, or bribery, stood proved against Dr. H.B. Mirdha. Error of judgment or negligence does not per se amount to misbehaviour under Article 317(1); no credible evidence showed misconduct requiring removal.

Court Disposition

Reference answered in the negative; Reference disposed of in favour of Dr. H.B. Mirdha.

Orders

  • Reference is accordingly disposed of.
  • None of the charges against Chairman proved.