REFERENCE BY THE PRESIDENT UNDER ARTICLE 317(1) OF CONSTITUTION OF INDIA IN RESPECT OF SHRI RAVINDER PAL SINGH SIDHU, CHAIRMAN, PB. PUBLIC SERVICE COM versus .

Citation: [2003] 1 S.C.R. 91 · Decided: 13-01-2003 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Disposed off
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Judgment (excerpt)

REFERENCE BY THE PRESIDENT UNDER ARTICLE 317(1) OF A 
CONSTITUTION OF INDIA 
IN RESPECT OF SHRI RA VINDER PAL SINGH SIDHU, 
CHAIRMAN, PUNJAB PUBLIC SERVICE COMMISSION 
JANUARY 13, 2003 
(S. RAJENDRA BABU, ARUN KUMAR AND G.P. MATHUR, JJ.] 
Constitution of India, I950; Articles 3I6 and 317: 
B 
Reference made by President of India-Suspension and removal of former C 
Chairman, State Public Service Commission on the ground of grave misconduct 
and malpractices-Examination of the matter-Held, since the incumbent 
---<,. 
ceased to hold the ojj/ce of the Chairman by reason of his tenure coming to 
an end, question of removing him from the ojj/ce would not arise-Continuance 
>;• 
of proceeding/Inquiry in the matter would therefore be futile-Hence Reference D 
infructuous. 
President of India made a Reference to this Court for examination 
of allegation of grave misconduct and malpractices against former 
Chairman of Punjab State Public Service Commission for his suspension 
and removal from the Office. 
E 
It was submitted by the Incumbent that he had tendered his 
resignation from the office of Chairman of the Commission in compliance 
with the provisions under Article 316(2) of the Constitution and to that 
effect an affidavit was also filed by him. Resignation became operative 
and effective upon its receipt by the Governor. 
F 
On behalf of Union, it was submitted that since resignation tendered 
by the incumbent was not accepted by the Governor, it was not effective. 
On behalf of State, it was submitted that since Chairman of the State 
Service Commission was entitled to certain retiral benefits, the relationship G 
of master and servant continued, it becomes necessary to examine the 
matter of his removal; and that the Presidential Reference could not be 
ignored by the Supreme Court on the ground that tenure of incumbent 
holding the said office was over •. 
91 
H 
92 
SUPREME COURT REPORTS 
[2003] I S.C.R. 
A 
Disposing of the Reference, the Court 
HELD: I.I. The object of Article 317(1) of the Constitution is to give 
protection to a Chairman or other Member of the Public Service 
Commission in the matter of removal on the ground of misbehaviour and, 
therefore, the function of such determination is vested in this Court so 
B that the Public Service Commission may be immune from political 
pressure. (96-E) 
1.2. The necessity to make a Reference to this Court arises by reason 
of Article 317 of the Constitution which provides that the Chairman or 
any other member of a Public Service Commission shall only be removed 
C from his office by, order of the President on the ground of misbehaviour 
after this Court, on reference being made to it by the President, has, on 
inquiry held in accordance with the procedure prescribed in that behalf 
under Article 145, reported that the Chairman or such other member, as 
the case may be, ought on any such ground to be removed. When an 
D incumbent in office has ceased to hold the office, the question of removing 
such a person from office would not arise at all. [95-D-El 
1.3. In the instant case, erstwhile Chairman, Punjab Public Service 
Commission, was facing criminal prosecution on identical charges. Public 
interest will not suffer even if the present proceeding does not continue. 
E In this proceeding on proof of his misbehaviour, President can remove 
him from the office of Chairman of the Public Service Commission but 
when he is already out of the office by reason of his tenure coming to an 
end, question ofremoving him from the said office would not arise at all. 
F 
' 
(96-F-H; 97-AJ 
1.4. Earlier, this Court in Special Reference No.I of 1983 held that 
when the incumbent in office wanted certain benefits to accrue to him even 
after ceasing to hold the office, it became necessary to examine the question 
arising in the case and, then the issue was a live one. However, when tenure 
of an incumbent in office comes to an end and he gives up his claim to 
G retiral benefit, the entire relationship between the State and the said 
incumbent in office will snap. The Reference becomes infructuous in the 
facts and circumsiances of this case. (96-G; 97-BI 
ADVISORY JURISDICTION : Reference No.I of 2002. 
H 
Under Article 317(1) of the Constitution of India. 
I 
I • 
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IN RE: SHRI RAVINDER PAL SINGH SIDHU 
93 
K.T.S. Tulsi, Sanjay Hegde, P. Panneswaran, Harbhagwan Singh, A 
Advocate General for State of Punjab, R.S. Suri, Atul Nanda, Ajay Bansal, 
P.H. Parekh, Lalit Cha
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