STATE PUBLIC SERVICE COMMISSION
COMPOSITION:
ü There
is a chairman for SPSC.
ü There
are other members for SPSC.
QUALIFICATIONS:
ü The
qualifications of Chairman and members are not specified in the Constitution.
ü As nearly as one half of the members should have at least 10 years of experience
either under the Government of India or Government of a state.
APPOINTMENT:
ü The
Chairman and the members are appointed by the Governor.
STRENGTH:
ü The
strength is decided by the Governor from time to time.
TERM:
ü The
Chairman and other members of the SPSC hold office for a term of
6 years
OR
Until they attain the age of 62 years
whichever is earlier.
(NOTE:
Initially the retirement age was fixed at 60 years. Through the 41st
amendment of 1976 the retirement age is increased to 62 years).
RESIGNATION:
ü The
Chairman and members submit the resignation.
REPORT OF SPSC:
ü The
SPSC submits the annual report to the Governor.
ü The
Governor places the report of SPSC before the State Legislature.
ü The
report of SPSC is discussed in the State Legislature.
REMOVAL:
The
Chairman and members of SPSC are removed by the President. (Not by the
Governor).
NOTE:
Remember the Chairman and members of SPSC are appointed by the Governor.
ü The
President can remove the chairman or any other member of SPSC if
·
The Chairman or member is adjusted as an
insolvent.
OR
·
The chairman or member engages during
the term of office in any paid employment outside the duties of office.
OR
·
The chairman or member, in the opinion
of the President is unfit to continue in office by reason of infirmity of mind
or body.
REMOVAL ON
THE GROUNDS OF MISBEHAVIOR:
What is misbehavior?
If the Chairman
or member of SPSC is concerned or interested in any contract or agreement
made by the government of India or government of a state
OR
If the Chairman
or member of SPSC participates in any way in the profit of such contract or
agreement or in any benefit there from otherwise than as a member and in
common with other members of an incorporated company.
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ü The
President can also remove the Chairman or a member of SPSC for misbehavior.
ü In
the case of misbehavior the President has to refer the matter to the Supreme
Court for an enquiry.
ü If the Supreme Court upholds the cause of
removal and advises so then the President can remove the Chairman or member of
SPSC.
ü The
advice tendered (given) by the Supreme Court is binding on the President.
ü During
the course of enquiry the Governor can suspend the Chairman or member pending
the final removal order of the President on receipt of the report of the
Supreme Court.
THE CAHIRMAN
OF SPSC AFTER RETIREMENT:
ü The
Chairman of SPSC after retirement cannot be reappointed as the Chairman of the same
SPSC.
ü The Chairman of SPSC after retirement can be
appointed as
- The Chairman of UPSC
- A member of UPSC
- The Chairman of other SPSC
- The Chairman of Joint Public Service Commission (JPSC).
A MEMBER OF
SPSC AFTER RETIREMENT:
ü A
member of SPSC after retirement cannot be reappointed as a member in the same
SPSC.
ü A
member of SPSC can be appointed as
- The Chairman of same SPSC.
- The Chairman of other SPSC.
- The Chairman of other Joint Public Service Commission
- The Chairman of other UPSC.
- A member of other SPSC.
- A member of other Joint Public Service Commission.
- A member of UPSC.
FUNCTIONS OF
SPSC:
ü The SPSC conducts the examinations for
appointments to the services of the state.
ü The SPSC is consulted on various matters
related to
All
matters relating to the methods of recruitment to civil services and for civil
posts.
The
principles to be followed in making appointments to civil services and posts
and in making promotions and transfers from one service to the other.
RECOMMENDATIONS:
ü The recommendations of SPSC are advisory in
nature and not binding in nature.