Para 3.2.5 — MSO

3.2.5 It should also be examined by Audit whether the appointment made by Government itself is valid or not. The procedure that should have been followed by Government before making an appointment is not a matter into which Audit should delve. Unless there are any specific restrictions on the powers of the Government either in the Constitution or in any law or statutory rule, the appointments made should not normally be questioned. Failure to consult the Public Service Commission in cases where such consultation is mandatory under the provisions of the Constitution or under the rules framed thereunder does not make the appointment so made as invalid. Similarly, cases where appointments initially made for a period of six months are extended or where the same individual is appointed afresh on expiry of the initial period of six months without consulting the Commission constitute an infringement of the regulations of the Public Service Commission framed under constitutional provisions. However, failure to adhere to these regulations will not by itself render invalid the appointments so made by the Government.