317. Removal and suspension of a member of a Public Service
SERVICES UNDER THE UNION AND THE STATES
II.-PUBLIC SERVICE COMMISSIONS
(1) Subject to the provisions of clause (3), 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, ought on any such
ground to be removed.
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor _263*** 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 under clause (1) until the President has passed orders
on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), 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
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside
the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office
by reason of infirmity of mind or body.
(4) 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 arising therefrom otherwise than as a
member and in common with the other members of an incorporated
company, he shall, for the purposes of clause (1), be deemed to be
guilty of misbehaviour.