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 The Punjab Public Service
Commission has been established under Article 315 of the
Constitution of India. The Commission comprises of the Chairman
and seven Members.
The important
provisions of the Constitution relating to Public Service
Commissions are as below:
Article16:
Equality of opportunity in matters of Public Employment.
Article
315: Public Service Commissions
Article
316: Appointment and Term of Office of Members
Article
317: Removal and Suspension of a Member of a Public Service
Commission
Article
318: Power to make regulations as to conditions of service of members and staff of the Commission
Article
319: Prohibition as to holding of offices by members of the
Commission on ceasing to be such members.
Article
320: Functions of the Public Service Commission
Article
321: Power to extend functions of Public Service Commission
Article
322: Expenses of Public Service Commission
Article
323: Reports of Public Service Commission
Equality
Of Opportunity In Matters Of Public Employment.
Art.16:
Equality of opportunity in matters of Public Employment.
Equality of
opportunity means equality as between the members of the same
class of employees and not between that of separate
independent classes. It bars discrimination not only in the
matter of initial appointment but also of promotion and
termination of the service itself as "employment"
includes promotion.
The right is
a safeguard not only against communal discrimination, but also
against local discrimination or even against discrimination
against the weaker sex.
The only
exceptions to the above rule of equality are-
-
Residence
within the state may be laid down by Parliament as a
condition for particular classes of employment of
appointment under any state or other local authority
[Art. 16(3)].
-
The
state may reserve any post or appointment in favour of
any backward class of citizens who, in the opinion of
the state, are not adequately represented in the
services under that state [Art. 16(4)]. This is to
provide socio-economic equality to the disadvantaged.
-
Offices
connected with a religious or denominated institution
may be reserved for members professing the particular
religion or belonging to the particular denomination to
which the institution relates [Art. 16(5)].
-
The
claims of the members of the Scheduled Castes and
Scheduled Tribes shall be taken into consideration in
the matter of appointment to services and posts under
the Union and States, as far as may be consistent with
the maintenance of efficiency of the administration
[Art. 335].
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Public
Service Commission
Article 315
lays down that there shall be a Public Service Commission for
the Union and a Public Service Commission for each State.
A Public
Service Commission is envisaged as an independent
constitutional institution not subject to governmental or
political interference or control and charged with the
responsibility of recruitment and management of public
services.
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Appointment
And Term Of Members
As per
Article 316, the Chairman and members of the Public Service
Commission are appointed by the Governor. At least half of the
members must have had 10 years’ service in the Union or a
State Government. Members of the State Commissions shall hold
office for a fixed term of six years or until the age of 62.
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Removal And
Suspension of a Members
A member’s
office may be terminated in any of the following ways:
- By resignation in
writing addressed to the Governor
-
By
removal by the President (Article 317) - (a) If the
member is adjudged insolvent; or engages himself during
his term in paid employment outside the duties of his
office; or is in the opinion of the President infirm in
mind or body; (b) on the ground of misbehavior according
to the report of the Supreme Court which shall hold an
enquiry on this matter on a reference being made by the
President.
Thus,
even in the case of a State Commission, it is only the
President who can make a reference to the Supreme Court
and make an order of removal in pursuance of the report
of the Supreme Court. The Governor has only the power to
pass an interim order of suspension pending the final
order of the President on receipt of the report of the
Supreme Court [Art. 317(1)-(2)].
If a
member’s term comes to an end while a reference under
Art. 317(1) is pending in the Supreme Court the
reference does not become in fructuous and the court
must answer it.
A
member shall be deemed to be guilty of misbehavior- (i)
if he in any way concerned or interested in any contract
made on behalf of the Government of India or of a State;
or (ii) if he participates in any way in the profit of
such contract or such agreement or in any benefit there
from otherwise than as a member and in common with other
members of an incorporated company [Art. 317(4)].
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Power to make regulations as to conditions of service of members and staff of the commission
The
Constitution seeks to maintain the independence of the Public
Service Commission from the Executive in several ways-
-
Removal
: They can be removed from office only in the
manner and for the grounds specified in the
Constitution (See Article 317).
-
Conditions
of Service : These shall not
be varied to his disadvantage after his appointment
[Proviso to Art. 318]. Punjab Public Service
Commission (Conditions of Service) Regulation 1958 was
made by the Governor of Punjab in exercise of the
powers conferred by Article 318 of the Constitution of
India.
-
Expenses
of the Commission : They
are charged on the Consolidated Fund of the State.
-
Scope
of Employment : Article
319 Imposes certain disabilities upon the Chairman
and members of the Commission with respect to future
employment under the Government.
The Chairman
of a State Public Service Commission has the only scope of
employment in the Union Public Service Commission. The Members
have scope of employment to a higher post within the Public
Service Commission but not outside.
The Public
Service Commissions are advisory bodies. It is open to the
government to accept the recommendation or depart from it.
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Duties
Of The State Public
Service Commissions
The following
are the duties of the State Public Service Commissions-
-
Recruitment
: To conduct examination for appointments to the
services of the Union and the services of the State
respectively.
-
Advise
: To advise on any
matter which the Governor of a State may refer [Art.
320].
-
Additional
Functions : As may be
provided for by the Legislature of the State- as
respects the services of the State and of any local
authority or other body corporate constituted by law or
of any Public institution [Art.321].
-
Annual
Report : It
is presented annually to the Governor as to the work
done by the State Commission [Art. 323].
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