Decided on August 03,1990

Precident Of India Appellant
Under Article 3171 Of The Constitution Of India Respondents


- (1.)This is a reference under Article 317 (1 of the Constitution made by the President of India to this court for inquiry and report on the complaint of Smt. Santosh Chowdhary, Chairman of the Punjab public service commission alleging misbehaviour on the part of Sri Gopal Krishna Saini, a Member of the Commission.
(2.)According to the case of Smt. Chowdhary, a number of candidates for certain appointments were interviewed at Patiala on 24/11/1982 till about 1.15 p. m. Thereafter Smt. Chowdhary along with Sri Saini and the other three Members of the Commission left the committee room and proceeded towards the complainants office when a very unpleasant incident took place. Sri Saini had been absent on the previous two days and Smt. Chowdhary, the Chairman, enquired from him the reason. She also asked him to inform her in advance whenever in the future he had to remain absent. According to her further case. Sri Saini did not take the advice in the right spirit and suggested that the Chairman may put the same in writing on which she wanted a clarification as to the matter she was being asked to put in writing. She alleges that thereupon Sri Saini, without any provocation or any further conversation gave a full blooded hard slap across her face which not only stunned her but left her in great physical shock and pain. Other Members of the Commission who were just behind her were also shocked by this conduct. One of the Members led her to her office and the other two Members also later followed but Sri Saini disappeared from the scene. It is said that she sent her complaint in the form of a confidential letter addressed to Dr M. Chenna Reddy, the then governor of Punjab, with a copy to Sri Darbara Singh, the then Chief Minister of Punjab.
(3.)Before proceeding further with the other details leading to the present Reference it may be stated that Smt. Chowdhary was appointed a Member of the Punjab Public Sendee Commission in February 1975 and as the Chairman on 28/05/1980. Sri Saini was appointed a Member on 30/05/1980. After the General Elections in Punjab Sri Darbara Singh became the Chief Minister of the State in early June 1980.

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