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The constitution provides for
the establishment of PSC for the Union and for each of State (Art.315(1)). Two
or more states may agree to have Common PSC (ART. 315(2)). The Union PSC, if
requested by the Governor of State, may with the approval of the President,
agree to act for a state.
Appointment of Chairman and
Members:-
The chairman and Members of the Union PSC or a Joint Commission are
appointed by the President and in the case of a State Commission by the Governor
(Art. 316(1)). But one-half of the members of every PSC must be persons who at
the dates of their appointment have held office for at least ten years under
Govt. of India or Govt. of state.
A member of PSC shall hold office for a period of 6 years. Unless he attains the
age of 65 in case of Union Commission or 62 years in case of State Commission,
whichever is earlier. If he attains the age of retirement, he has to retire even
before the expiry of normal terms of 6 years. A member may himself resign for
his office.
Removal and Suspension of Chairman and Member of the Commission:-
He may also be removed from his office by order of the President on
the ground of misbehavior, if on reference made by the President to the Supreme
Court, after enquiry report to the President that he should be removed. If the
Chairman or any other member of a PSC is or becomes in any way concerned or
interested in any contract, agreement made by or on behalf of the Govt. of India
or state govt. or participates in any way in the profits or emolument resulting
from such contract, or agreement he shall be deemed to be guilty of misbehavior
(Art. 317(1)). They may also be removed by the President without any reference
to the Supreme Court if any such person (1) is adjudged an insolvent, (2)
accepts any other paid employment during the terms of office, (3) in is the
opinion of the President unfit to continue in office by reason of infirmity of
mind or body.
Re-appointment of the Chairman and Member:-
The members of the Union and the State PSC are debarred from re-appointment
after the expiry if their terms of office. They are also ineligible for any
other employment under the Central or State govt. This provision is necessary in
order to ensure impartiality (Art. 319).
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