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    <title>2010 (11) TMI 944 - Supreme Court</title>
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    <description>In a Presidential Reference under Article 317(1), the Court may examine explanatory, incidental or intrinsically connected additional material, but not independent charges having no nexus with the original reference. It held that no separate constitutional qualification was prescribed for appointment as Chairman or Member of a Public Service Commission, so the allegation of inadequate qualification and stature was not proved. By contrast, selection irregularities, use of a bogus experience certificate, withholding of records, non-cooperation with investigators and resistance to disclosure were established on a preponderance of probabilities and amounted to misbehaviour. The independent charges outside the reference were excluded from consideration.</description>
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      <link>https://www.taxtmi.com/caselaws?id=173429</link>
      <description>In a Presidential Reference under Article 317(1), the Court may examine explanatory, incidental or intrinsically connected additional material, but not independent charges having no nexus with the original reference. It held that no separate constitutional qualification was prescribed for appointment as Chairman or Member of a Public Service Commission, so the allegation of inadequate qualification and stature was not proved. By contrast, selection irregularities, use of a bogus experience certificate, withholding of records, non-cooperation with investigators and resistance to disclosure were established on a preponderance of probabilities and amounted to misbehaviour. The independent charges outside the reference were excluded from consideration.</description>
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