Case Note & Summary
The dispute arose from the suspension of the Chairman and 8 members of the Haryana Public Service Commission by the Governor of Haryana on 09.08.2008, following a reference made under Article 317(1) of the Constitution of India by the President. The petitioners sought a writ of certiorari to quash the reference and declare the suspension order illegal, arguing that they were not given a show cause notice or an opportunity to be heard, thus violating the principles of natural justice. The court examined the constitutional provisions regarding the removal and suspension of Public Service Commission members, noting that Article 317 provides specific procedures that differ from typical service law. The court referenced several precedents affirming that adverse orders cannot be made without giving the affected parties a chance to be heard, but clarified that these principles do not apply rigidly in the context of Article 317. The court concluded that the suspension was valid and necessary to maintain public confidence in the commission's impartiality and integrity. Ultimately, the court dismissed the writ petitions, affirming the legality of the suspension order.
Headnote
A) Constitutional Law - Suspension of Public Service Commission Members - Validity of Suspension - Constitution of India, 1950, Article 317 - The court held that the suspension of the members was valid as it was conducted under the constitutional provisions, and the principles of natural justice do not apply in the same manner as in service law. The court emphasized the need for maintaining public trust in the commission's integrity (Paras 14).
Issue of Consideration
Whether the suspension of 8 Members and the Chairman of the Haryana Public Service Commission by the Governor of Haryana is liable to be set aside.
Final Decision
The Supreme Court dismissed the writ petitions, upholding the validity of the suspension of the Chairman and members of the Haryana Public Service Commission under Article 317(2) of the Constitution.
Law Points
- Suspension of Public Service Commission members
- Article 317 of the Constitution
- natural justice principles
- removal procedures
- constitutional safeguards
