Hindustan Times (Patiala)

Bangar’s appointmen­t as climate change adviser raises eyebrows, experts say it violates Art 319

- Hitender Rao hrao@hindustant­imes.com

CHANDIGARH: The appointmen­t of former Haryana Public Service Commission (HPSC) chairman KC Banger as adviser in the department of environmen­t and climate change by the BJP-JJP government has raised eyebrows. Legal experts said Banger’s appointmen­t violates Article 319 of the Constituti­on which prohibited members of public service commission­s from holding offices on ceasing to be such members.

Article 319 says chairman of the state public service commission (SPSC) shall be eligible for appointmen­t as the chairman or any other member of the Union Public Service Commission (UPSC) or as the chairman of any other SPSC, but not for any other employment either under the government of India or under the government of a state.

Former Haryana advocate general Mohan Jain said Banger’s appointmen­t is a clear contravent­ion of Article 319. “Appointmen­t is an employment here. It is clear from the reading of Article 319 (B) that being a former state public service commission chairman, Banger is not eligible for any employment under the central or the state government except an appointmen­t as the chairman or member of the UPSC or as the chairman of any other state public service commission,” the former advocate general said.

Govt defends move

Defending the move to appoint Banger as an adviser, officials of the environmen­t and climate change department said Banger will not be paid remunerati­on by the state government. “He will only be provided with an office. The terms and conditions of his appointmen­t will be issued separately,” said an official, who did not wish to be named.

‘Dangling the carrot may corrupt integrity of institutio­ns’

A 1979 Supreme Court judgment, while elaboratin­g on Article 319, had said this prohibitio­n has been enacted in public interest with a view to ensure that no allurement is held out to the chairman or members of the UPSC or a SPSC which would deflect them from the path of rectitude and duty.

“The public service commission have vast powers of recruitmen­t to an immense and increasing host of government posts and in a country with considerab­le unemployme­nt, these powers may be prone to be abused if the office of chairman and member of commission­s is exposed to executive or political pressures.

The prospect and peril of the executive or the politician trying to influence them overtly or covertly by dangling the carrot or holding out the possibilit­y of employment under the government after the expiry of their term of office may corrupt the integrity of these institutio­ns,” the apex court had ruled.

The apex court also said the word employment is not a word with a single fixed meaning but has many connotatio­ns and an employment can be said to be under the government of India if the holder or incumbent of the employment is under the control of the government of India vis-avis such employment.

‘Govt habitual violator of Article 319’

Congress general secretary Randeep Surjewala said the BJP-JJP government in Haryana seems to be a habitual violator of Article 319.

“First the appointmen­t of former HPSC chairman RK Pachnanda as HERC chairman and now appointing KC Banger as advisor, climate change shows this,” he said.

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KC Banger

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