📖 generic · 12th TN - English Medium · POLITICAL SCIENCE · Page 127question

Constitutional Provisions · Part 4

Chapter 6: 6 · POLITICAL SCIENCE

transfers from one service to another; and appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the State Public Service Commission to ratify them. iv) All disciplinary matters affecting a person serving under the government of the state in a civil capacity including memorials or petitions relating to such matters. These include:   Censure (severe disapproval)   Withholding of increments   Withholding of promotions   Recovery of pecuniary loss   Reduction to lower service or rank (demotion)   Compulsory retirement   Removal from service   Dismissal from service v) Any claim for reimbursement of legal expenses incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done in the execution of his official duties.

vi) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the government of the state and any question as to the amount of any such award. vii) Any other matter related to the personnel management. The Supreme Court has held that if the government fails to consult the State Public Service Commission in these matters, the aggrieved public servant has no remedy in a court. In other words, the court held that any irregularity in consultation with the State Public Service Commission or acting without consultation does not invalidate the decision of the government.

Thus, the provision is directory and not mandatory. The additional functions relating to the services of the state can be conferred on State Public Service Commission by the state legislature. It can also place the personnel system of any local authority, corporate body or public institution within the jurisdiction of the State Public Service Commission. Hence, the jurisdiction of State Public Service Commission can be extended by an Act made by the state legislature.

The State Public Service Commission presents; annually, to the governor a report on its performance. The governor places this report before both the Houses of the state legislature, along with a memorandum

Related topics

Have a question about this topic?

Get an AI answer grounded in your actual textbook — with the exact page reference.

Ask AI about this topic →