Appeal from the judgment and order dated the June 4, 1973 of the Mysore High Court at Bangalore in Writ Petition No.
N. Byra Reddy, A. K. Sen, M. Veerappa, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On this reckoning the Chairmans term would have ended on the 19th and so, the panicked respondent hastened to the High Court to avert the peril of premature ouster and sought an appropriate writ interdicting Governments move.
While there is divergence of judicial opinion at the High Court level, the preponderance of authority, including a ruling of the Mysore High Court itself, militates against the appellants stand point.
S. Javali and B. R. Agarwala, for the respondent.
The State took the view that the six years assured to him by Article 316 2 companymenced to run from the date he became Member simpliciter and did number receive a fresh start from the later date when he assumed office as Chairman.
One Shri Bidap, the respondent in this appeal, was appointed Member of the State Public Service Commission by the Governor of Mysore on March 20,, 1967.
Governments view on the issue was revealed in answer to an interpellation in the Legislative Council made on March 17, 1973.
The Judgment of the Court was delivered by KRISHNA IYER, J. A short issue as to the expiration of the companystitutionally guaranteed tenure of office of a Member of the Public Service Commission, who, in the middle of his term, reincarnates as its Chairman and claims a fresh six year spell, has lent itself to companysiderable argument at the Bar, the companytributory causes being the differing views of companyrts, varying practices of States, apparent incongruity between the paramount purpose and the expressed language of the provisions and the slight obscurity of the relevant articles, the expert drafting and careful screening by the founding fathers numberwithstanding.
P. Rana, for Intervener No.
N. Sinha, Solicitor General of India and S. P. Nayar, for Intervener No.
992 of 1973.
R. Gupta and Narayan Nettar, for intervener No.
While his term was still running, the Governor was pleased to appoint him Chairman of the Commission with effect from February 15, 1969.
A broad companysensus of administrative practice evolved by the Union Government in response to an opinion tendered by the Attorney General on a reference made to him at the instance of the Conference of All India Chairmen of Public Service Commissions prompted by divergent views expressed in a full Bench judgment of the Calcutta High, Court also goes against the appellants position.
774 of 1973.
The timely interim order and the eventual allowance of the writ petition balked the hope of Government and drove the State to this Court in quest of a final pronouncement on the companystitutional question involved.
