OPSC: Odisha Public Service Commission

The origin of the Public Service Commission in India can be traced back to the First Dispatch of the Government of India on Indian Constitutional Reforms, dated March 5, 1919. This dispatch highlighted the need for establishing a permanent office responsible for regulating service matters. The concept gained more concrete form with the Government of India Act, 1919, under Section 96C, which provided for the establishment of a Public Service Commission in India. This Commission was tasked with functions related to the recruitment and control of Public Services in India, as determined by rules made by the Secretary of State in Council.

Following the passage of the Government of India Act, 1919, extensive correspondence ensued between the Secretary of State, the Government of India, and local governments regarding the functions and structure of this proposed body. This discussion spanned over four years without reaching a definitive conclusion. The matter was eventually referred to the Royal Commission on the Superior Civil Services in India, known as the Lee Commission. In their report dated March 27, 1924, the Lee Commission strongly recommended the immediate establishment of the Public Service Commission as envisioned by the Government of India Act, 1919.

Despite the provisions of Section 96C and the Lee Commission’s recommendations, the Public Service Commission in India was not established until October 1, 1926. The inaugural Commission comprised four members, including the Chairman, all appointed by the Secretary of State in Council. Sir Ross Barker, a member of the United Kingdom’s Home Civil Service, served as the first Chairman. He and his successors structured the Commission on the model and traditions of the British Civil Service Commission.

The functions of the Public Service Commission were not explicitly defined in the Government of India Act, 1919, but were governed by the Public Service Commission (Functions) Rules, 1926. These rules outlined the Commission’s advisory role on matters related to recruitment for the All-India Services and Central Services Class I and II, examination syllabi, qualifications for selection, promotions, disciplinary cases, pay and allowances, pensions, and service conditions.

A significant development in the history of the Public Service Commission in India occurred with the release of a White Paper in December 1931, which proposed further Indian Constitutional Reforms. The White Paper included a blueprint for the Public Service Commission for the proposed Federation and Provinces. The Joint Committee on Indian Constitutional Reforms (1934) further elaborated on these proposals.

The Government of India Act, 1935, codified these proposals into Sections 264 to 268, which provided for a Public Service Commission at the Federal level and Provincial Public Service Commissions for each Province or group of Provinces. These sections came into effect on April 1, 1937, transforming the existing Public Service Commission into the Federal Public Service Commission.

Recognizing the importance of an independent and secure Public Service Commission for unbiased recruitment and service protection, the Constituent Assembly granted the Commission constitutional status at both Federal and Provincial levels. After India gained independence, the new Constitution, effective from January 26, 1950, elevated the Federal Public Service Commission to constitutional status, renaming it the Union Public Service Commission (UPSC). The Chairman and Members of the Federal Public Service Commission became the Chairman and Members of the UPSC under Article 378(1) of the Constitution.

The Odisha Public Service Commission (OPSC) was established on April 1, 1949, following its separation from the Bihar and Odisha Joint Public Service Commission. Initially, the OPSC had three members, including a Chairman. The membership expanded to five in 1979 and further to six in 1996.

The Commission began its operations in the Old Secretariat Building at Buxi Bazar, Cuttack, and later moved to its current location on Cantonment Road (now PK Parija Road) on April 20, 1984, under the Chairmanship of Shri Ananda Chandra Padhi. The current Commission building comprises a ground floor and three upper floors. In 2010, a Guest Room cum Library building was added to the complex. The cycle stand behind the main building was renovated and converted into a Record Room, and on October 18, 2017, an Evaluation Hall was established above the Record Room to centralize the evaluation process within the Commission.

Mission and Vision of OPSC

Vision

The Commission, guided by the principles enshrined in the Constitution of India, strives to enhance the human resource capabilities of the government through absolute transparency, fairness, and the integration of advanced technological platforms and global best practices.

Mission

  • Human Resource Excellence: Committed to providing the highest quality human resources for Civil Posts/Services in Group A and selected Group B Services.
  • Constitutional Advisory Role: Delivering constitutional advice and concurrence in all matters related to the promotion and discipline of government servants, as directed by the government.
  • Regulatory Oversight: Ensuring the formulation and amendment of Recruitment Rules for various services and posts under the Government of Odisha.
  • Grievance Redressal: Overseeing and addressing complaints related to pensions and arrears of government servants.
  • Governorial Consultation: Considering and acting upon any matters referred by the Governor of Odisha as deemed appropriate.

Role and Functions of OPSC

Article 320: Functions of Public Service Commissions

Conduct of Examinations:
It is the duty of the State Public Service Commission to conduct examinations for appointments to the state’s services.

Consultation Requirements:
The State Public Service Commission must be consulted on the following matters:

    • Recruitment Methods: All matters related to methods of recruitment to civil services and civil posts.
    • Appointments, Promotions, and Transfers: Principles for making appointments to civil services and posts, including promotions and transfers between services, and evaluating the suitability of candidates.
    • Disciplinary Matters: All disciplinary issues concerning individuals serving in a civil capacity under the State Government, including memorials or petitions related to such matters.
    • Legal Cost Claims: Any claim by or on behalf of a person serving or who has served under the State Government in a civil capacity, for legal costs incurred in defending proceedings related to acts performed in the execution of duties, and whether these costs should be covered by the Consolidated Fund of the State.
    • Pension Claims: Any claims for pension awards related to injuries sustained while serving in a civil capacity under the State Government, and any questions regarding the amount of such awards.

    Advisory Role:
    It is the duty of the Public Service Commission to advise on any matter referred to it by the State Governor and any other matters the Governor may refer to the Commission.

    Governor’s Regulatory Power:

      • The Governor may issue regulations specifying the matters in which consultation with the Public Service Commission is not required, either generally, for particular classes of cases, or under specific circumstances.
      • The regulations issued under this provision must be laid before the State Legislature for at least fourteen days as soon as possible after they are made and are subject to any modifications, repeals, or amendments made by the Legislature during the session in which they are laid.

      Article 321: Power to Extend Functions of Public Service Commissions

      The Legislature of a State may enact laws to extend the functions of the State Public Service Commission. This extension may include additional responsibilities concerning the services of the State, as well as the services of any local authority, other bodies corporate constituted by law, or public institutions.

      Organization of OPSC

      Article 316: Appointment and Term of Office of Members

      • Appointment:
        • The Chairman and other Members of a State Public Service Commission, including the Odisha Public Service Commission (OPSC), are appointed by the Governor of the State.
        • At least half of the Members of every Public Service Commission should have held office for at least ten years under the Government of India or a State Government. Service under the Crown in India or a princely state before the commencement of the Constitution is also counted towards this ten-year period.
      • Vacancy and Temporary Duties:
        • If the Chairman’s office becomes vacant or the Chairman is unable to perform duties due to absence or other reasons, the Governor may appoint another Member to temporarily perform the duties until the vacancy is filled or the Chairman resumes duties.
      • Term of Office:
        • A Member of the State Public Service Commission holds office for a term of six years or until they reach the age of sixty-two, whichever is earlier.
        • A Member may resign by writing to the Governor.
        • A Member may be removed from office as specified in Article 317.
        • Members are not eligible for reappointment to the same office after completing their term.

      Article 317: Removal and Suspension of a Member

      • Grounds for Removal:
        • The Chairman or any Member of a Public Service Commission can only be removed by an order of the President on the grounds of misbehavior. The Supreme Court must confirm the misbehavior after an inquiry.
      • Suspension:
        • The Governor can suspend the Chairman or any Member of the State Commission while an inquiry by the Supreme Court is pending, until the President takes final action based on the Supreme Court’s report.
      • Additional Grounds for Removal:
        • The President may remove the Chairman or any Member if they are declared insolvent, engage in paid employment outside their official duties, or are deemed unfit due to mental or physical infirmity.
        • If a Member becomes involved in any contract or agreement with the Government of India or the State Government, or gains any benefit from such contracts, they are deemed guilty of misbehavior.

      Article 318: Power to Make Regulations on Conditions of Service

      • Regulatory Powers:
        • The Governor of the State has the authority to determine the number of Members in the Commission, their conditions of service, and the staff of the Commission. However, the conditions of service for a Member cannot be changed to their disadvantage after their appointment.

      Article 319: Prohibition on Holding Other Offices Post-Tenure

      • Post-Tenure Eligibility:
        • The Chairman of a State Public Service Commission can be appointed as the Chairman or a Member of the Union Public Service Commission or another State Public Service Commission, but not to any other position under the Government of India or a State Government.
        • A Member other than the Chairman can be appointed as the Chairman or a Member of the Union Public Service Commission or any State Public Service Commission, but not to any other government position.
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