REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA versus -

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA versus -

The conduct of Sri Gopal Krishna Saini, Member of Punjab Public Service Commission, in slapping the Chairman amounted to misbehaviour within the meaning of Article 317(1) of the Constitution and rendered him liable to removal; tenure expiry does not render the Reference infructuous and removal proceedings are governed exclusively by constitutional procedure.

Parties
Referrer: President of India; Complainant: Smt. Santosh Chowdhary; Respondent: Sri Gopal Krishna Saini
Jurisdiction
India
Judgment Date
03 August 1990
Procedural Posture
Reference Under Article 317(1) of the Constitution of India / Supreme Court Advisory Inquiry and Report
Outcome
Conduct amounted to misbehaviour; liable to removal from office as Member of Punjab Public Service Commission
Legal Topics
Removal of Member, Public Service Commission, Misbehaviour, Constitutional Interpretation
Constitutional Law Administrative Law Removal of Member, Public Service Commission Misbehaviour Constitutional Interpretation

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Parties

President of India

Referrer

Smt. Santosh Chowdhary

Complainant

Sri Gopal Krishna Saini

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether expiry of tenure renders a Reference under Article 317(1) infructuous
  2. 2 Whether slapping the Chairman amounts to misbehaviour under Article 317(1)
  3. 3 Applicability of master and servant law to Public Service Commission Members

Ratio Decidendi

The conduct of Sri Gopal Krishna Saini, Member of Punjab Public Service Commission, in slapping the Chairman amounted to misbehaviour within the meaning of Article 317(1) of the Constitution and rendered him liable to removal; tenure expiry does not render the Reference infructuous and removal proceedings are governed exclusively by constitutional procedure.

Court Disposition

Conduct amounted to misbehaviour; liable to removal from office as Member of Punjab Public Service Commission

Orders

  • Sri Gopal Krishna Saini's conduct amounted to misbehaviour within Article 317(1); he is liable to removal from the office of Member of Punjab Public Service Commission.