Case Note & Summary
The Supreme Court of India addressed a reference from the President regarding the potential removal of Shri Ashok Darbari, Chairman of the Chhattisgarh Public Service Commission, based on allegations of misbehaviour. The inquiry was initiated following a request from the Governor of Chhattisgarh, which included specific allegations against Darbari. The court examined the evidence presented, including testimonies from 20 witnesses supporting the allegations and 3 witnesses in defense of Darbari. The court noted that the Chhattisgarh Public Service Commission was established under Article 315 of the Constitution to ensure an independent recruitment process for civil servants. The court emphasized that the Chairman must exhibit integrity and impartiality, and any failure could constitute misbehaviour. However, upon reviewing the four specific charges against Darbari, the court found insufficient evidence to substantiate claims of irregularities in the examination process, misuse of government vehicles, improper claims for house rent allowance, and dictatorial conduct. The court concluded that the allegations were unfounded and that Darbari had not exhibited any improper behaviour. Consequently, the court ruled that he should continue in office and receive all due benefits. The reference was answered in the negative, affirming Darbari's position. The judgment was delivered on July 8, 2009, by Chief Justice K.G. Balakrishnan and Justices Dalveer Bhandari and J.M. Panchal.
Headnote
A) Constitutional Law - Removal of Public Service Commission Chairman - Grounds for Removal - Constitution of India, 1950, Article 317 - The inquiry into the conduct of the Chairman revealed no evidence of misbehaviour or irregularities in his actions. The court held that the allegations were baseless and did not meet the threshold for removal as prescribed under the Constitution. (Paras 1-9)
Issue of Consideration
Whether Shri Ashok Darbari, Chairman of the Chhattisgarh Public Service Commission, ought to be removed from office on grounds of misbehaviour.
Final Decision
The Supreme Court found no evidence of misbehaviour against Shri Ashok Darbari and ruled that he should continue in office, receiving all due benefits.
Law Points
- Constitutional provisions
- misbehaviour
- inquiry process
- evidence evaluation
- public service commission
