Artilce 320 upsc.
pratik
(Querist) 20 June 2012
This query is : Resolved
There 1 consitutional Question making me distrub pls tell me the case law if any.
As per Indian Consitution , 1949
Artilce 320 (3) which say that if any goverment servant is dismiised , the union Public Service Commission should be consulted ? But after reading the said artilce I haven't find any thing that say that Public Service Commission should be consulted.Pls let me know.
Also which Act is applicalbe to Public Service Commission pls tel me.
Nadeem Qureshi
(Expert) 21 June 2012
Dear Querist
320. Functions of Public Service Commissions.—(1) It shall be the
duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the services of
the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in framing
and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted—
(a) on all matters relating to methods of recruitment to civil
services and for civil posts;
(b) on the principles to be followed in making appointments to
civil services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such
appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or
has served under the Government of India or the Government of a State
or under the Crown in India or under the Government of an Indian State,
in a civil capacity, that any costs incurred by him in defending legal
proceedings instituted against him in respect of acts done or purporting
to be done in the execution of his duty should be paid out of the
Consolidated Fund of India, or, as the case may be, out of the
Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of India or
the Government of a State or under the Crown in India or under the
Government of an Indian State, in a civil capacity, and any question as to
the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter
so referred to them and on any other matter which the President, or, as the case
may be, the Governor of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor, as respects other services and posts in connection with the
affairs of a State, may make regulations specifying the matters in which either
generally, or in any particular class of case or in any particular circumstances, it
shall not be necessary for a Public Service Commission to be consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to
be consulted as respects the manner in which any provision referred to in clause
(4) of article 16 may be made or as respects the manner in which effect may be
given to the provisions of article 335.
(5) All regulations made under the proviso to clause (3) by the President
or the Governor of a State shall be laid for not less than fourteen days before
each House of Parliament or the House or each House of the Legislature of the
State, as the case may be, as soon as possible after they are made, and shall be
subject to such modifications, whether by way of repeal or amendment, as both
Houses of Parliament or the House or both Houses of the Legislature of the
State may make during the session in which they are so laid.
this is the article now what do you want to ask, clear your query.
pratik
(Querist) 22 June 2012
Sir thanks for the artilce mentioned but sir in this artilce no where mentioned that to dismiss a goverment servant UPSC should be info. this rtilce talks about transfers & other things but what about dismiss.
So sir can pls tell me the case law which say that before dismiss of a goverment servant we have t info to th UPSC.
Thanks for ur instant reply sir.
