SC issues notice to Bihar CM

New Delhi, June 26 (UNI) The Supreme Court today issued notices to Bihar Chief Minister Nitish Kumar, State Chief Secretary, State of Bihar and nine State Vigilance Bureau officers on a petition filed by former Bihar Public Service Commission (BPSC) Chairman Ram Singhasan Singh against his removal from the post of Chairman of BPSC.

A vacation bench comprising Justices A R Lakshmanan and Altamas Kabir issued notices confined only to the limited question, on the validity of the observations made by Patna High Court saying that the Chief Minister and other respondents have not acted malafide in removing the petitioner, on the charges of forgery and corruption in the selection of candidates during the examination for Bihar Administrative Service Examination held in 2003.

The petitioner in his appeal before the Supreme Court has alleged that the Chief Minister of Bihar had contravened the provision of Constitution of India ie Article 317 (2), which lays down the procedure for removal of the Chairman or the member of the Public Service Commission, in removing the petitioner.

Article 317 (2) says that only the President of India can remove the Chairman or the member of the Public Service Commission, after referring the matter to the Supreme Court for an enquiry into the allegation and after receiving the report from the apex Court, President can act on it.

According to Mr Singh, in his case the procedure has been thrown to the winds and the Chief Minister in collusion with other respondents had plotted his removal.

According to the petitioner, impugned observation of the High Court are erroneous and illegal as it has overlooked plethora of documentary evidence produced by the petitioner to substantiate his allegation against the Chief Minister and other respondents.

Mr Singh was arrested by State Vigilance Bureau in November 2005 and is presently on bail.

UNI AKS/SC AD RP VP1707