LexIN RE: UNDER ARTICLE 317(1) OF THE CONSTITUTION OF B INDIA FOR ENQUIRY AND REPORT ON THE ALLEGATIONS AGAINST DR. H.B. MIRDHA, CHAIRMAN, ORISSA PSC versus .
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[2008] 15 S.C.R. 1000 ... . --( A REFERENCE NO. 1 OF 2003 REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA IN RE: UNDER ARTICLE 317(1) OF THE CONSTITUTION OF B INDIA FOR ENQUIRY AND REPORT ON THE ALLEGATIONS AGAINST DR. H.B. MIRDHA, CHAIRMAN, ORISSA PUBLIC SERVICE COMMISSION NOVEMBER 10, 2008 c [K.G. BALAKRISHNAN, CJ. P. SATHASIVAM AND J.M. PANCHAL, JJ.] CONSTITUTION OF /NOIA, 1950: D Article 317(1) and (4) - Reference for-inquiry and report as to whether the Chairman, Orissa Public Service Commission ought, on the ground of misbehaviour, to be removed from the office -· HELO: Article 317, like Article 124(4), does not define misbehaviour nor does it enumerate E what acts would constitute misbehaviour except that Clause (4) of Article 317 makes an improvement in specifying misbehaviour, namely, being interested in any government contract - Outside clause ( 4) of Article 317, it is left to Supreme Court to determine whether a particular act or F conduct is of such a nature as to warrant removal of Chairman/Member on thf:J ground of misbehaviour - Every act or conduct of error of judgment or negligence by a constitutional -authority per se does not amount to misbehaviour- Misconduct implies some degree of mens rea G - Willful abuse of constitutional office, persistent failure to perform duties, willful misconduct in the office, corruption, lack of integrity or any other offence involving moral turpitude would be misbehaviour - Judicial finding of guilt of grave crime is misconduct - In the instant case, none of the charges H 1000 J IN RE: DR. H.B. MIRDHA 1001 leveled against the Chairman stands proved. A Public Service Commission - Orissa Civil Services Examination, 2000 - Charge leveled against Chairman, OPSC that he made an attempt to conceal that his <;lose relatives were candidates in the examination - HELD: There B is no rule and/or order requiring that the Chairman or the Members of the Commission and employees should give a declaration as to whether their near relatives are appearing in the examination - The principle, which requires that a member of a Selection Committee, whose close relative is C appearing for selection, should decline to become a Member of the Selection Committee or withdraw from it leaving it to the appointing authority to nominate another person in his place need not be applied in case of a constitutional authority like the Chairman/Member of the Public Service Commission, whether of the Union of India or of a State, as no other person D save a Chairman and/or a Member can be substituted in his place - Administrative Law - Bias - Rule of necessity. Administrative Law: Principle of natural justice - Opportunity of hearing - HELD: No hearing or opportunity to show cause against proposed Reference under Article 317(1) of the Constitution was necessary before making the reference - Constitutio,n of India, 1950 - Article 317(1). The President of India, in exercise of powers under Article 317(1) of the Constitution of India, made the instant Reference for inquiry and report as to whether the Chairman, Orissa Public Service Commission ought, on E. F the ground of misbehaviour, to be removed from the G office. Preliminary objections as to the maintainability of the Reference were raised contending that (i) the Reference was vitiated for non-observance of principle of natural H 1002 SUPREME COURT REPORTS [2008] 15 S.C.R. A justice as no hearing of opportunity of showing cause was given to him by the President before making the Reference; (ii) the Reference was vague, and (iii) a case within the meaning of Clause (1) of Article 317 of the Constitution for proceeding against the Chairman was B not made out. In accordance with the directions of the Court, the ).. statement of allegations and charges was filed. ·Briefly stated the charges against the Chairman were that (1) he made an attempt to conceal the fact that his close C relatives, namely, two married daughters, were candidates in the Orissa Civil Services Examination, 2000, being conducted by the OPSC and involved himself in the . process of examination including the process of setting question papers; (2) he misbehaved with a lady Member D of the Commission and including her, threatened three ~ Memb~rs of the Commission to launch a tirade against them and that he was associated with a private coaching centre providing classes in
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