1. 1. Public Service Commission under the Constitutional Scheme.-
ThePublic Service Commissions have been set up in the Central and State levels in terms
of Article 315 of the Constitution of India. The Public Service Commissions are envisaged as
independent constitutional institutions not subject to governmental or political interference or
control and charged with the responsibility of recruitment and management of public services.
One of the safeguards enacted to ensure its independence is that the expenses of State Public
Service Commission, including any salaries, allowances and pensions payable to or in respect of
the members or staff of the Commission are charged on the Consolidated Fund of the State in
terms of Article 322 of the Constitution.
The profound objective of the setting up of Public Service Commissions at the Central and
State levels, therefore, was to provide an institution which, in a fully transparent manner, can
select the personnel for a professional public service by ensuring recruitment and advancement
based on merit, free from nepotism or favouritism based on political or other considerations,
individual likes or dislikes, or any form of canvassing.
1.2. Functions of the State Public Service Commlssion.-
The functions of the State Public Commission,as enumerated in Clause (1) of Article 320 of
the Constitution'of India, are
(1) to conduct examinations for appointments to the services of the State.
(2) to make recommendations to the State Government for appointment of persons to
(3) to be consulted in the matters of oppolnrrnents.promotions, transfer and disciplinary
matters of civilian employees of the State Government;
(4) to advise on any other matter that may be referred by the Government.
(5) to advise on any claim by or in respect of a person who is serving or has served
under the Government of the State in a civil capacity, that any costs incurred by him
in defending legal proceedings instituted against him in respect of acts done or
purporting to be done in the execution of his duty should be paid out of the
Consolidated Fund of the State;
(6) to advise on claim for the award of a pension in respect of injuries sustained by a
person while in service under the Government of Sikkim,in a civil capacity, and any
question as to the amount of any such award.