Ruling on appeals: AJK court sacks head of public service commission, 9 others

Says Mumtaz Hussain Naqvi’s appointment is illegal.

MUZAFFARABAD:

Azad Jammu and Kashmir Supreme Court (AJKSC) on Thursday declared the appointment of Azad Jammu and Kashmir Public Service Commission (AJKPSC) Chairman Mumtaz Hussain Naqvi and its nine members illegal.

A full bench of AJK Supreme Court headed by Chief Justice Muhammad Azam Khan gave its verdict on separate appeals filed by the AJK government and the Public Service Commission  against the high court decision of September 10, 2013 in which the PSC, under the chairmanship of Mumtaz Naqvi, was declared illegal.

The SC in its judgment said the appointment of the PSC chairman and its members was made through an ordinance. It is necessary that such appointments be presented in the Legislative Assembly within 120 days and this has not been done in this case.

The bench urged the government of AJK to ensure appointments on merit and said the government in AJK should follow the process laid out by the Federal Public Service Commission.



“Trustees like the chairman and members of the Public Service Commission must remain vigilant and conscious of these necessary adjuncts, but this has been violated while making an amendment in the AJK Public Service Commission Act 1986 to appoint the chairman and its nine members,” the judgment stated.

Earlier, a petition was filed by the opposition leader in the AJK Assembly Farooq Haider Khan and senior advocate Razza Ahmad challenging the appointments of the commission chairman and its members. The petitioner, while talking to The Express Tribune, termed the decision a ‘victory of justice’ saying it is time to stand against the corrupt government to ensure the implementation of merit across Azad Jammu and Kashmir.

Published in The Express Tribune, February 14^th, 2014.