CM Devendra Fadnavis
Senior Mantralaya officials said any such judicial probe panel will have to be set up under Article 317 of the Constitution, which governs the removal and suspension of chairpersons and members of public service commissions. “MPSC is anchored in Article 315, making its chairperson and members holders of constitutional posts, rather than standard govt employees. Under Article 317(1), only the President can issue a final order of removal on grounds of proven misbehaviour,” said an official.
Because of this status, the state govt cannot arbitrarily fire a chairperson over an administrative failure or scandal, such as a paper leak.
The official said Varma may have to send Fadnavis’s recommendation to President Droupadi Murmu . However, some officials said the governor can order a local fact-finding administrative or judicial inquiry. Mumbai: Amid protesting aspirants’ demand for MPSC chairperson Vivek Bhimanwar’s ouster over alleged exam irregularities and question paper leaks, CM Devendra Fadnavis has recommended to governor Vishnu Dev Varma that an investigation headed by a retired HC judge be initiated into the functioning of current and former chiefs as well as members of the state public service commission.