consultation with (he Public Service Commission is provided as required by Article 320(3)(c) of the Constitution such provision is not mandatory and they
State Government after ceasing to be a Member of the Commission. Article 320 lays down the functions of Public Service Commissions. Under clause ... Consolidated fund under Article 322 of the Constitution.
These provisions particularly those which are contained in Article 320 emphasize the importance of the role which
India. Its functions are specified in Article 320. Sub-Article 1 of Article 320 casts a duty upon the Union and the State Public Service ... Union and the services of State, respectively. Sub-Article (b) of Article 320(3) provides that the Commission shall be consulted on the principles
with the U.P. Public Service Commission, we may refer to Article 320 of the Constitution of India which inter alia provides that the State ... civil capacity. Sub clause (c) of clause 3 of Article 320 thus mandates consultation of the State Public Service Commission on all disciplinary matters affecting
Article 311 of the Constitution , against any proposed punishment .
In the aforesaid judgment it is also stated that "Chapter II, containing Article 320 does ... Article 311 , therefore, is not, in any way, controlled by the provisions of Chapter II of part XIV with particular reference to Article 320
petitioners.
5. Taking up the first point, the relevant portions of Article 320(3) of the Constitution are as follows:
".....the State Public Service ... Commission to be consulted."
Relevant portions of Clause (5) of Article 320 may also be quoted and they arc as follows:
"All regulations
look into the relevant Articles of the Constitution in Part XIV. The constitutional scheme contained in Articles 315 to 320 in Part XIV, noticeably demonstrates ... Article may not be necessary for our purpose. Article 316 provides for appointment and term of office of Members of Public Service Commissions. Article
submitted that Rule 16 of Rules, 1999 is similar to Article 320 (3) (c) of the Constitution of India. Rule 16 of the Rules ... Article 320 (3) (c) of the Constitution of India refers to consultation with the Public Service Commission in all disciplinary matters. In such a situation
meaning of the word "shall" as used in Article 320(3) of the Constitution of India, which provides that the Union Public Service ... difficult to see how non-compliance with the provisions of Article 320(3)(o) could have the effect of nullifying the final order passed
constitutional obligation that stood placed upon it by virtue of Article 320(3) of the Constitution. Sri Khare contended that consultation with the Commission must ... advise to the appropriate Government. That is the inherent mandate of Article 320(3). This provision appears to have been placed in the Constitution
