RAM KUMAR KASHYAP AND ANR. versus UNION OF INDIA

RAM KUMAR KASHYAP AND ANR. versus UNION OF INDIA

Because the Constitution provides a specific procedure for suspension and removal of Public Service Commission members under Article 317, and in light of the precedents, principles of natural justice as applied to regular government servants do not extend to such suspension. There is no requirement for show cause notice or opportunity of hearing prior to suspension. The suspension orders and impugned notification are valid and not liable to be quashed.

Parties
Petitioner: Ram Kumar Kashyap and Anr.; Respondent: Union of India
Jurisdiction
India
Judgment Date
07 August 2009
Procedural Posture
Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision on Merits by Supreme Court
Outcome
Writ Petitions dismissed
Legal Topics
Public Service Commissions, Suspension and Removal of Constitutional Functionaries, Principles of Natural Justice
Constitutional Law Administrative Law Public Service Commissions Suspension and Removal of Constitutional Functionaries Principles of Natural Justice

Case Brief

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Parties

Ram Kumar Kashyap and Anr.

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision on Merits by Supreme Court

Legal Issues

  1. 1 Whether natural justice requires show cause notice/opportunity of hearing before suspension of Chairman and members of the Public Service Commission under Article 317(2) of the Constitution

Ratio Decidendi

Because the Constitution provides a specific procedure for suspension and removal of Public Service Commission members under Article 317, and in light of the precedents, principles of natural justice as applied to regular government servants do not extend to such suspension. There is no requirement for show cause notice or opportunity of hearing prior to suspension. The suspension orders and impugned notification are valid and not liable to be quashed.

Court Disposition

Writ Petitions dismissed

Orders

  • Suspension order dated 09.08.2008 and notification upheld
  • No requirement for show cause notice/opportunity of hearing prior to suspension under Article 317(2)