M A I N   N E W S

PPSC chief’s appointment set aside
Tribune News Service

Chandigarh, August 17
In a major embarrassment to the SAD-BJP coalition government, the Punjab and Haryana High Court today set aside Harish Rai Dhanda’s appointment as Punjab Public Service Commission Chairman. The High Court ruled the appointment was liable to be set aside as the decision-making process was shrouded in obscurity and efforts to choose the best were missing.

A Full Bench of the High Court ruled in favour of having a fair, rational, objective and transparent policy. It suggested the inclusion of the Leader of the Opposition and the Speaker of the Legislative Assembly in the decision-making process to ensure that the chosen person was neither “their man or my man”.

Making it clear that the incumbent had to be a man of impeccable integrity, calibre and administrative experience, the Bench of Justice Hemant Gupta, Justice Permod Kohli and Justice K Kannan laid down the procedure to be followed for appointing members and heads of public service commissions. It includes, among other things, the constitution of a search committee under the chairmanship of Chief Secretaries. The ruling came on a petition filed by advocate Salil Sabhlok through counsel DS Patwalia. Referring to the apex court’s judgments, the Bench indicated that laying down the procedure was well within its jurisdiction.

It ruled that there was no prohibition in any of the verdicts “to lay down the procedure for decision-making to ensure a fair, transparent and objective selection to the coveted assignment”.

Virtually passing strictures, the Bench ruled Dhanda’s appointment had been made with a pre-conceived mind.

“The records pertaining to the decision-making process have been produced. In so far as they are relevant to the choice of the Chairman, they contain no more than a single sheet of the bio-data of the fourth respondent (Dhanda).

“Only the name of the respondent was considered and recommended for appointment in a day…. The decision-making process on the basis of material produced shows that the appointment was made with a pre-conceived mind. “It cannot be said that the respondent is the only candidate who could be considered and appointed for such assignment... Article 14 ensures that all appointments under the Constitution are made fairly, objectively and in a transparent manner. The appointment to the constitutional posts, such as members of the commission, cannot be excluded from this principle.

HC Ruling Against Dhanda

• A Full Bench of Justice Hemant Gupta, Justice Permod Kohli and Justice K Kannan noted that Dhanda’s appointment had been made with a pre-conceived mind
• It laid down the procedure to be followed for appointing members and heads of public service commissions
• The procedure includes setting up a search committee to be headed by Chief Secretaries
• The Bench suggested inclusion of the Leader of the Opposition and the Speaker in the decision-making process