State Public Service Commissions
The State Public Service Commission’s cater to the recruitment activities of the Indian states.
Though the Union Public Service Commission may, on a State government’s request, take up work for that State with the President’s consent but Article 315 nevertheless also provides that there shall be a State Public Service Commission for each State.
The composition of the State Public Service Commission is more or less similar to that of the Union Public Service Commission. The members of the State Public Service Commission are nominated by the Governor.
The functions of both the Commissions too, are similar. Only the jurisdiction of the Union Public Service Commission is far wider than that of the State Public Service Commission. The jurisdiction of the Union Public Service Commission extends across the entire length and breadth of the country because it is related to the Civil Service of the Union Government. The Jurisdiction of the State Public Service Commission is limited within the State.
There shall be a Public Service Commission for each State unless otherwise provided. The Chairman and other members of the State Public Service Commission shall be appointed by the Governor. Half of the members of such Commission shall be in government service at least for ten years. The members shall hold office for six years or until he attains the age of sixty-two years. The Governor may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court of India. The Chairman and members of the State Public Service Commission shall be ineligible for further employment in any government service.
The Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other member, as the case may be, has to be removed on such grounds.
The President, in the case of the Union Commissioner a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference.
The President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,
- Is adjudged an insolvent;
- Engages during his term of office in any paid employment outside the duties of his office;
- is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument than he shall be deemed to be guilty of misbehavior.
It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.
The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted—
- On all matters relating to methods of recruitment to civil services and for civil posts;
- On the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
- On all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;
- On any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;
- On any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award,
- It shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor of the State, may refer to them.
It shall not be necessary for the Commission to be consulted in regard to the appointment by direct recruitment or by promotion or by transfer, to any of the posts or classes of posts or to any of the services to the extent specified.
The re-employment within three years of a retired or retrenched Government Servant in a post which he was holding at the time of his retirement or retrenchement, or for duties which he had performed previously in the course of his service of his retirement or retrenchement.
The appointment by promotion to any of the post or classes of posts or of any of the services other than that specified, or the confirmation on such post to be made on the recommendations of a Departmental promotion Committee or a Departmental Committee set up for consideration of confirmation of officers on the aforesaid post as the case may be where such committee is presided over by the Chairman or member of the Commission.
It shall not be necessary for the Commission to be consulted on· any of the following matters, namely:-
- The creation and organisation of services and posts and their designation;
- The classification of services and posts.
- The general methods of recruitment to a service or post, that is, whether the recruitment should be made by examination.
- Selection or promotion or transfer, or partly by one of these methods and partly by another, and in the latter case, the proportion in which recruitment to any particular service or grade should be made by each method and the relative seniority of candidates recruited by different methods.
- The determination of the number of vacancies to be filled in a service in any particular year.
- The determination of the cadre of the various services.
- The determination of the salary of Government servants on their first appointment.
- The determination of the initial salary of Government servants recruited by promotion.
- Transfer of Government Servants to Foreign Service.
- The probation and training of Government servants and the conditions of their confirmation in service.