RAM KUMAR KASHYAP Vs. UNION OF INDIA

JUDGEMENT

(1.) -The Chairman and 8 members of the Haryana Public Service Commission were placed under suspension on 09.08.2008 by Governor of the State of Haryana. A Reference was made under Article 317(1) of the Constitution of India by the Hon'ble President of India. In these Writ Petitions the petitioners have sought for a writ of certiorari for quashing the Reference made on 31.07.2008 by the Hon'ble President of India under Article 317(1) of the Constitution of India and also for a direction that the order of suspension dated 09.08.2008 passed by the Governor of State of Haryana be declared as illegal and be quashed. When the matter came up for consideration, learned Senior Counsel appearing for the petitioners submitted that the first prayer for the writ of certiorari to quash the order of Reference under Article 317 (1) of the Constitution of India is not pressed. Therefore, the only question that arises for consideration in these Writ Petitions is whether the suspension of 8 Members and the Chairman of Public Service Commission by the Governor of Haryana by order dated 09.08.2008 is liable to be set aside or not.

(2.) We heard the learned Senior Counsel for the petitioners and also counsel for the respondents. The main grievance of the petitioners is that they were neither given show cause notice nor an opportunity to be heard before the order of suspension was issued and thereby the principle of natural justice has been violated. Before examining their submissions, it is necessary to consider the language of the constitutional provisions which deal with the removal and suspension of the members of Public Service Commissions. Article 317 of the Constitution reads as follows :

(3.) Article 317 makes it amply clear as to how the members of the Public Service Commission are liable to be removed from office and the founding fathers of our Constitution incorporated this procedure in order to give the Chairman and Members security of tenure to safeguard them against motivated or wrong charges of misbehaviour. The obvious intent behind the same is to protect them from undue political pressures or personal favouritism and vendetta thereby enabling the Public Service Commissions to discharge their constitutional obligations in full measure.