State Of U. P vs Manbodhan Lal Srivastava on 20 September, 1957
In the State of
U.P. v. Manbodhan Lal Srivastava (1) where the question
arose whether the provisions of Art. 320(3)(c) of the
Constitution are mandatory (which provides that the Union
Public Service Commission or the State Public Service
Commission shall be consulted on certain disciplinary
matters), this Court laid stress on the fact that the
proviso to the Article contemplates that the President or
the Governor as the case may be make regulations specifying
the matters in which either in general or in any particular
class or in any particular circumstances, it shall not be
necessary for the Public Service Commission to be consulted.
Speaking for the Court Sinha J. observed: -