REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA REGARDING ENQUIRY AND REPORT ON ALLEGATION AGAINST SHRI SHER SINGH, MEMBER, HPSC versus REFERENCE CASE NO. 1 OF 1995

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA REGARDING ENQUIRY AND REPORT ON ALLEGATION AGAINST SHRI SHER SINGH, MEMBER, HPSC versus REFERENCE CASE NO. 1 OF 1995

Shri Sher Singh's conduct, in attempting to influence the examination result for his nephew, amounted to misbehaviour under Article 317(1) of the Constitution, warranting removal from office. The evidence, including affidavits and cross-examinations, established that Shri Sher Singh approached the Chairman and Secretary for favours, breaching the required secrecy and impartiality.

Parties
Member, Haryana Public Service Commission (respondent): Shri Sher Singh; Applicant: President of India
Jurisdiction
India
Judgment Date
29 January 1997
Procedural Posture
Reference Case Under Article 317(1) of the Constitution of India / Supreme Court Original Jurisdiction Enquiry and Report
Outcome
Reference answered in the affirmative: Shri Sher Singh's conduct amounted to misbehaviour warranting removal.
Legal Topics
Public Service Commission, Removal of Member, Misbehaviour, Procedure for Removal
Constitutional Law Administrative Law Public Service Commission Removal of Member Misbehaviour Procedure for Removal

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Parties

Shri Sher Singh

Member, Haryana Public Service Commission (respondent)

President of India

Applicant

Procedural Posture

Reference Case Under Article 317(1) of the Constitution of India / Supreme Court Original Jurisdiction Enquiry and Report

Legal Issues

  1. 1 Whether the conduct of Shri Sher Singh, Member of Haryana Public Service Commission, amounted to misbehaviour, warranting removal under Article 317(1) of the Constitution

Ratio Decidendi

Shri Sher Singh's conduct, in attempting to influence the examination result for his nephew, amounted to misbehaviour under Article 317(1) of the Constitution, warranting removal from office. The evidence, including affidavits and cross-examinations, established that Shri Sher Singh approached the Chairman and Secretary for favours, breaching the required secrecy and impartiality.

Court Disposition

Reference answered in the affirmative: Shri Sher Singh's conduct amounted to misbehaviour warranting removal.

Orders

  • Shri Sher Singh, Member of Haryana Public Service Commission, found guilty of misbehaviour and warranting removal under Article 317(1) of the Constitution of India.