Binding nature of the advice of the Commission
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A convention has been established by the Government of India, that in
the following classes of the cases referred to the Commission, the
recommendations made by them shall be accepted, save in exceptional
circumstances.
(a) Quasi-judicial cases,
(b) Selection for appointment
of candidates
(c) Appointment of a candidate
on a higher initial pay than that of a minimum pay of the posts
(d) Claims of expenditure
incurred by the Government Servants in defending legal proceeding instituted
against him in respect of acts done or purporting to be done in the execution
of his duty.
The Commission have a duty, under Article 323 of the Constitution, to present annually to the President a report as to the work done by the Commission and on receipt of such report, the President shall cause a copy thereof together with the Memorandum explaining, as respect the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of the Parliament.