Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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advice is tendered by the Commission, the same shall be furnished to the government servant along
with a copy of the order passed in the case by the authority making the order. The second situation is
that if a copy of the advice tendered by the Commission has not been accepted, a copy of which along
with a brief statement of the reasons for such non-acceptance shall also be furnished to the government
servant along with a copy of the order passed in the case, by the authority making the order. In our
view, the language employed in Rule 32, namely “along with a copy of the order passed in the case, by
the authority making the order” would mean the final order passed by the authority imposing penalty
on the delinquent government servant.
Article 320 of the Constitution deals with the functions of Public Service Commission and provides
that 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.
Article 320(3)(c) reads:-
(a) ..............................
(b) ..............................
(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;
...........................
...........................
Union Public Service Commission
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 o in any particular circumstances, it shall not be necessary for a Public Service
Commission to be consulted.
A Constitution Bench of this Court in the case of State of U.P. vs Manbodhan Lal Srivastava,
1958 SCR 533, considered the question as to whether the consultation of the Commission under
Article 320(3)(c) is mandatory and binding on the appropriate authority.
The arguments that the non-compliance of Article 320(3)(c) vitiates the order passed by the
appropriate authority have been repelled by the Court at SCR.pp 543-544:-