PSC's own lapse complicates bid to cancel Planning Board Chief's appointment

THIRUVANANTHAPURAM: The Kerala Public Service Commission (PSC) may decide on Monday to terminate the service of the person who has already joined as Chief of the Industry and Infrastructure Division in the State Planning Board. The move follows the coming into force of a revised rank list. The commission will consult legal experts before taking action. As the PSC is in the dock in the case, it is considering cancelling the appointment advice as quickly as possible. However, cancelling the recommendation is likely to lead to a legal battle.

Under Rule 3(c) of Part II of the Kerala State and Subordinate Services Rules (KS&SSR), an appointment recommendation issued erroneously due to a lapse on the part of the PSC can be cancelled. If the recommendation is cancelled, the appointing authority must terminate the candidate's service. However, the cancellation must take place within one year of the date on which the recommendation was issued, that is, during the probation period. The rule also stipulates that the candidate must be given an opportunity to be heard before the appointment advice is cancelled.

As one year has elapsed since the recommendation was issued for this post, Rule 3(c) cannot be practically applied. The PSC can only proceed under Rule 22 of the Kerala Public Service Commission Rules of Procedure, which provides for the cancellation of appointment advice.

This provision can be invoked only if the candidate has furnished false information or claims, or attempted to exert influence in examinations or interviews. In this case, the PSC cannot allege that the candidate influenced the examination. The candidate could argue that there was no lapse on their part and that the error occurred on the PSC's side.