PHC nullifies appointment of Public Service Commission member

PESHAWAR:

A two-member bench of the Peshawar High Court, comprising Justice Naeem Anwar and Justice Kamran Hayat Mian Khel, has declared null and void the appointment of Ali Asghar as a member of the Khyber-Pakhtunkhwa Public Service Commission, ruling that the appointment was made by the provincial government without consultation with the governor.

The court allowed a writ petition challenging the appointment.

The orders were issued on Wednesday during the hearing of a petition filed by Muhammad Owais. Advocate Lajbar Khan and Advocate Jehangzeb Masood appeared on behalf of the petitioner, while the provincial government was represented by the Additional Advocate General.

During the hearing, the petitioner's counsel argued that under the law, the Public Service Commission is a provincial constitutional body and that the appointment of its chairman is made by the governor on the recommendation of the chief minister. In this regard, it was submitted that on January 16, 2025, the Chief Minister had sent a summary to the governor seeking approval for the appointment of the chairman, which was duly endorsed.

However, the counsel maintained that the summary regarding the appointment of a commission member was returned, as the law clearly vests the authority for appointing members solely in the governor, and any recommendation by the chief minister in this respect is unconstitutional.

The lawyers further contended that while the rules require the governor to approve the name recommended by the chief minister for the post of chairman, there is no provision mandating consultation with the chief minister in the nomination of members, which remains the exclusive discretion of the governor.

It was argued that despite the governor raising objections, the provincial government proceeded to appoint Ali Asghar, a retired Grade-20 PCS officer, under Section 33, claiming that in the absence of the governor's approval, the chief minister was empowered to make the appointment.