Powers of Union Public Service Commission
Hyderabad: Article-318. Power to make regulations as to conditions of service of members and staff of the Commission. In the case of the union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations— – determine the number of members of the Commission and […]
Published Date - 14 April 2022, 11:28 PM
Hyderabad: Article-318. Power to make regulations as to conditions of service of members and staff of the Commission.
In the case of the union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations—
– determine the number of members of the Commission and their conditions of service; and
– make provision with respect to the number of members of the staff of the Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
Article-319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
On ceasing to hold office-
– the Chairman of the union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
– the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
– a member other than the Chairman of the union Public Service Commission shall be eligible for appointment as the Chairman of the union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
– a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.
Article-320. Functions of Public Service Commissions.
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.
It shall also be the duty of the union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
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,
– and 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:
Provided that the President as respects the all- India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.
– By Shikara Academy