320(3)(c) could have the effect of nullifying the final order passed by the Government.
9. Thirdly, Art. 320 or the other articles ... evidenced from the use of the expression may in sub-Article 3 of Article 320 of the Constitution of India. Opinions by UPSC on disciplinary
been observed in para 25 that 'the provisions of Article 320(3)(c) of the Constitution of India are not mandatory ... opinion that although Article 320(3)(c) is not mandatory, if the authorities do consult the Union Public Service Commission and rely on the report
India provides for the
functions of the UPSC. Sub Article 3(c) of Article 320 provides
that the UPSC shall be consulted ... Article 311 , therefore, is not, in any
way, controlled by the provisions of Chapter II of Part XIV,
with particular reference to Article 320
where Article
320(3)(c) of the Constitution was held to be directory and not
mandatory, relied upon the following observations of the
Privy Council ... Supreme Court had occasion to consider the provision of Article
320(3)(c) of the Constitution of India. The Article 320(3 (c) has been
Commission as per the requirement of consultation as laid down in Article 320(3)(c) of the Constitution of India read with Regulation ... with the requirement of consultation with them as laid down in Article 320(3)(c) of the Constitution read with Regulation
India , AIR 1962 SC 1130, in which the provisions of Article 320(3) came to be interpreted and it was held that consultation of UPSC ... basis of merits by an impartial body. Clause (3) of Article 320 of the Constitution enjoins that the PSC shall be consulted
Supreme Court also took note of the earlier decisions that Article 320(3)(c) of the Constitution are not mandatory, but went ahead to hold ... expression 'may' in sub-Article 3 of Article 320 of the Constitution of India. Opinions by UPSC on disciplinary matters are not binding
Prakash N Bhat vs M/O Textiles on 17 May, 2018
1 MA No.
170
matter including consultation with the UPSC as provided under Article 320(3)(c ) of the Constitution which says that on all disciplinary matters affecting ... necessary. While constitutional safeguards under Article 311 of the Constitution are available to every person, the safeguard in Article 320(3)( c) is one capable
Union of India , AIR 1962 SC 1130, the provisions of Article 320(3) came to be interpreted and it was held that consultation of UPSC ... basis of merits by an impartial body. Clause (3) of Article 320 of the Constitution enjoins that the PSC shall be consulted
