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1 - 3 of 3 (0.24 seconds)U.P. Public Service Commission At ... vs Suresh Chandra Tewari & Anr on 7 August, 1987
The contention of
WPC :5400 & 17753/07
-:6:-
the petitioner is that such an interpretation is against the Supreme
Court decision in Suresh Chandra Thewari's case (supra). I am
unable to agree.
Krishnan Nair vs Kerala Public Service Commission on 27 July, 1982
(b)(iii) provides that no person shall be eligible for appointment to any
service by direct recruitment unless the State Government are
satisfied that his character and antecedents are such as to qualify
him for such service. If the Government cannot appoint members of
the Staff of the PSC, then conversely the Government cannot pass
an order under Rule 10(b)(iii) also. Of course, the learned counsel
for the petitioner points out that in KS & SSR the appointing authority
is different from Government. But that is because in Government
service there are appointing authorities other than the Government.
That distinction is not there in the service of the PSC where the
appointing authority is the PSC itself. Therefore as the authority
competent to appoint the petitioner, the PSC alone can pass an order
invoking Rule 10(b)(iii) of the KS&SSR. I draw support in this view
from the decision of the Division Bench in Krishnan Nair's case
(supra). In that case in respect of an employee of the PSC the
Government framed charges and the Division Bench held thus:
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