LexSTATE OF MYSORE versus R. V. BIDAP
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
STATE OF MYSORE
f,
R. V. BIDAP
September 3, 1973
[A. N. RAY, C.J., D. G. PALEKAR, -Y. V. CHANDRACHUD.
589
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P. N. BHAGWATI, V. R. KRISHNA 'IYER, JJ.]
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Co1utitution of India, 1950. Arts. 316, 317 and 319-0ffece of membtr and
office of ChJlirma11 of Public Service Commission if different-Period for which
olli« of Chairnia11 can- .be heTJ lvhere niernber is apf)oitited Chairman-'C,aJint
to hold office a.\ member in-Art. 319, Scope of-Policy behind ctrficleJ.
Article 316(2) of the Constitutioo provides that a 111.::mber of a Public
Service Commission should hold office for a term of six years from the date on
which he enters upon his office or until he attains, in the case of the Union
Comntission, the age of sixty five years, and in the c.'lse of a Slate Con1n1ission
or a Joint Conlmission, the age of sixty years, whichever is earlier.
Th~ respondent was appointed a member of the State Public Service Com·
mi&Jion in March 1967. About two years later he Wa$ apnointcd as Chairman
of the Commission. · On the qu~tion of the date from which the period of six:
years for whi.ch he was entitled .to hold office should be counted.
HELD · The· office of member is different from the offi~e of the Chainnan,
and so the· respondent was entitled to hQld office for the period of six years
MS Chairman of the Commission counted from the later date when he assu1ned
office a!; Chairman.
(a) Article 316 de<\ls with the appointment of the Chairman and men1bers
of the Con1mission, their term of office and their ineligihiiity for re-appoint-
nunt.
It shows that a Chairman of a Pµblic Service Con1mission is also a
member of the Public Service Con1mission, that is a member can fill one of two
oftices-..ordinary ·member or member-Chairman. But Ar. 316(1A) shows that
the offic'c of a member is different from that of the Chairman.
[601 E-G]
(b) The iiteligibility provided for in Art. 316(3) is re.appointme11t to tflat
office.
Hence the disability for re-appointment attaches to the specific office;
that is.,. no member who holds the office of just a n1ember, pure and simple,
shall be re-appuinted to fih'at offu:e, that is. to the office of m:;:tnher. pure and
simpk. But Art. 319(d), which bars a member from taking employment under
Government, expressly declares by way of exception, eligibility for appoint-
ment "as the Chairman of that or any other State Public Servi~ Commission"
on ctalillg tu 11~/d o/Jice as 111ember; that iS', a member of the Public Service
Commission of a State,. on ce~irig to hold office as such, is eligible for appoint-
ment as Chairman of that Commission itself. It follows that a member when
elevated to the higher office of Chairman is not reappoi11ted but is appoint~d to
the .different office of Chairman. The prescription of the ter1ninus a quo in
Art. 316(2) is 'tfrom the date on which he enters upon his office'' which, in
the case of a Ch:1irman appointed directty as such or originaJly as a inember
arid later el.:vated ~1s Chairman. begins when he starts functioning as Chairnian.
[60 ! H-60~Dl
(i;) Logically and legally there is automatic expiry of office of !he memb~r
qua ordinarv m::mber on his a95umption of office qua
Ch~irman. When
a
meinber holdihg office of a member take5 uo the office cf Chairn1an he by
necessary implication and co i1ista11t<', relinquishes or cea~es to hold his office a~
member anJ the requirement r.f Art. 319 is satisfied. [6020-@JH]
{J.) :\rlicle 316('.!) state! -~hat a men1ber shall hold 0ffice. for a l.:rnl of six
·vears or until hi' attains ()0 ye:.1rs whichever is earHer: ·which m~ans th~l~ on
ihe. expiration of the period of 6
y~ars he
cea~e" to
h01d oflice.
f.c?icnlly.
12-382~upCI174
5.90
SUPREME COURT REPORTS
( 197.i] 1 S.C.R.
therefore, Art. 319 means that a member, on ceasing to hold office as a result
of his six year jefm e-xpiring, shall be eligible for appointment as Chainnan of
the saml! Coinmi~·-ion. There is no substance in the argument that, on the above
inter_pret<.:tion,
~1
n1cn1b~r can be appointed, in violation of Art.
316(2),
as
Chairman not merely whe·n the six-year term expires, but also after he has
attah;1ed the age of 60 years:
When an orcJinary
member is
appointf!d
as
Chairman by virtL1e of the permission written into Art. 319(d), \Vhat really
happens is that the incumbent takes up a ni,;w- office, namely·, that of Chainnan.
This n1cmber-cun1~Chairman:_in terms of Art. 316(2Excerpt shown. Read the full judgment & AI analysis in Lexace.