Sinha, J. - (1.) In this matter I have had the opportunity of reading the judgment of my learned brother Chatterjee J. I agree with his findings, and would like only to deal with the constitutional point involved in this application. That point is shortly as follows: Dr. A, T. Sen was appointed as a member of the State Public Service Commission on the 14th January, 1952. He was appointed as Chairman thereof on the 16th November 1954. Section 82 of the Calcutta Municipal Act 1951 provides that the State Government shall, as soon as may be after the commencement of the said Act, constitute a Municipal Service Commission consisting of a Chairman who shall be a member of the State Public Service Commission, deputed by such Commission from time to time, and two members, one of whom shall be nominated by the State Government and the other by the Corporation. At the relevant time, that is to say, in March, 1958 Dr. A. T. Sen was purporting to act us the Chairman of the State Public Service Commission and was also acting as the Chairman of the Municipal Service Commission, On March 29, 1958 the Municipal Service Commission with Dr. A. T. Sen as the Chairman informed the Corporation that it recommended Sri Nir-mal Chandra Gupta for permanent appointment to the post of Assistant Controller of Stores, in the grade of Rs. 300-20-400 with the usual allowances, This recommendation has been accepted by the Finance Standing Committee, by its resolution dated 17th June, 1958. Dhirendra Krishna Biswas, the petitioner in this application, who was a candidate for the said appointment has challenged the recommendation of the Municipal Service Commission mentioned above, on the ground that on the relevant date, Dr. A. T. Sen had ceased to be a member of the State Public Service Commission and therefore he could neither act as the Chairman of that Commission nor as the Chairman of the Municipal Service Commission. According to the petitioner, the recommendation was accordingly made by a body in which the person purporting to act as its Chairman was disqualified from holding office under the provisions of the Constitution. The question is whether this is a ground of substance. The subject matter of Public Service Commissions is contained in Chapter II of Part XIV of the Constitution. Article 315(1) provides that, subject to the provisions of the said Article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State. Article 318 deals with the appointment and term of office of members. The wordings are important and are set out below: "316 (1). The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a joint Commission, by the President, and in the case of a State Commission, by the Governor of the State; Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Govern ment of an Indian State shall be included."
(2.) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty five years, and in the case of a State Commission or a Joint Commission the age of sixty years, whichever is earlier; Provided that- (a) A member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission to the President, and in the case of a State Commission, to the Governor of the State, resign his office; (b) A member of a Public Service Commission may be removed from his office, in the manner provided in Clause (1) or clause (3) of Article 317. (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for reappointment to that office." 2. Article 317 deals with the removal and suspension of members of a Public Service Commission. Clauses (1), (2) and (3) are important and are set out below: "(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 enquiry 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, 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 ease may be,-- (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, until to continue in office by reason of infirmity on mind or body '
(3.) Article 318 provides that in the case of a State Commission the Governor of the Stall may by regulations determine the number of members of the Commission and then condition of service; and make provisions with respect to the number of members of the staff of the Com mission and then conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not he varied to his disadvantage after his appointment So far as West Bengal is concerned such regulations have been made and I shall presently refer to the same. Article 319 lays down prohibition as to the holding ot offices by members' of Com mission on ceasing to be such members. It deals with botb the Union Public Service Com mission and the State Public Service Commission We are however, concerned only with the State Public Service Commission and the relevant clauses are clauses (b) and (d) which are as follows: "(b) 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; (d) 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 qf 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.";