Case Note & Summary
The Supreme Court addressed a presidential reference under Article 317(1) of the Constitution concerning the conduct of a member of the Punjab State Public Service Commission, Sri Gopal Krishna Saini. The inquiry arose from an incident on 24.11.1982, where Saini allegedly slapped the Commission's Chairman, Smt. Santosh Chowdhary, during a discussion about his absence from previous meetings. Following the incident, Chowdhary and three other members reported the matter to the Chief Minister, who directed the Chief Secretary to take action. Saini denied the allegations, claiming he acted in self-defense when Chowdhary raised her hand to attack him. The Supreme Court ruled that the inquiry into Saini's conduct was valid despite the expiration of his term, emphasizing the importance of maintaining integrity in public service. The Court found that Saini's actions constituted misbehaviour, warranting his removal from office. The Court also dismissed Saini's claims regarding the prejudicial impact of document non-production, asserting that he was not entitled to those documents. Ultimately, the Court held that the inquiry must proceed to uphold the standards expected of public officials, and Saini's conduct was deemed unacceptable, leading to the conclusion that he should be removed from his position.
Headnote
A) Constitutional Law - Inquiry into Conduct - Presidential Reference - Inquiry into the conduct of a Member of the Public Service Commission is valid even after the expiry of their term - Constitution of India, 1950, Article 317 - The conduct of a Member is significant enough to warrant inquiry despite the end of their tenure, as the integrity of the Commission is paramount. Held that the inquiry must proceed to uphold the standards expected from public officials (Paras 1.1-1.3). B) Misbehaviour - Definition and Implications - Physical Assault by Member - Conduct of slapping the Chairman constituted misbehaviour under Article 317 - The respondent's actions were deemed unacceptable for a public office holder, leading to liability for removal. Held that such conduct brings disrepute to the office (Paras 2.1-2.2).
Issue of Consideration
Whether the inquiry into the conduct of a member of the Punjab State Public Service Commission becomes infructuous upon the expiry of their term.
Final Decision
The Supreme Court held that the inquiry into the conduct of the member was valid despite the expiration of his term and that his actions constituted misbehaviour under Article 317, warranting removal from office.
Law Points
- Constitutional provisions
- inquiry into conduct
- removal of member
- misbehaviour
- presidential reference
