THE Supreme Court's green signal to the President of India to remove the suspended Haryana Public Service Commission (HPSC) Chairman Mehar Singh Saini and other members for their failure to "maintain the required standards of integrity and rectitude in performance of their constitutional duties" is welcome, though belated. Its well considered response to the President's reference comes very late because six members of the HPSC have already retired and three others - Mr Saini and two members - are due to retire in a few weeks. Nonetheless, the Bench consisting of Chief Justice S.H. Kapadia, Justice K.S. Panicker Radhakrishnan and Justice Swatanter Kumar not only examined the case comprehensively but also fixed accountability on the beleaguered members for their actions. Questions were raised on the fairness and selection process of these members by the Om Parkash Chautala government at the fag end of its tenure. However, soon after taking charge, Chief Minister Bhupinder Singh Hooda reviewed their appointments, withdrew work from them and suspended them, pending investigation.
The manner in which Mr Saini and others conducted themselves during the probe leaves much to be desired. The Bench has called their refusal to submit records to the authorities for investigation as an act of misbehaviour. And rightly, it called for their removal by the President as mandated by the Constitution. The Governor appoints them but can't remove them. This reflects the kind of autonomy that the framers bestowed on the PSC members to ensure proper and fair performance of its functions. The Bench ruled that the irregularities and acts of irresponsibility committed by them delineate their misbehaviour in terms of Article 317 (1) of the Constitution as it, certainly, lowers the dignity and prestige of the Constitution.
The malaise in the state PSCs is so deep-rooted that it is not confined to Haryana alone. Almost all states, including Punjab, Himachal Pradesh and Uttarakhand are afflicted with this malady. The Chief Ministers want to pack these commissions with unworthy persons, oblivious of its consequences on the system. If Ravinder Sidhu created history as the Punjab PSC Chairman, the Kerala government's recommendation for appointment of a dismissed Central government employee as PSC member caused consternation and dismay. It would only be fair if the Union Public Service Commission - and not the Governors - is empowered to select meritorious persons with impeccable credentials to the PSCs.
