PESHAWAR:
A two-member bench of the Peshawar High Court, comprising Justice Naeem Anwar and Justice Kamran Hayat Mian Khel, has declared the appointment of Ali Asghar as a member of the Khyber-Pakhtunkhwa Public Service Commission null and void, ruling that the appointment was made by the provincial government without consulting the governor.
The court allowed a writ challenging the appointment.
The order was issued on Wednesday during the hearing of a petition filed by Muhammad Owais. Advocate Lajbar Khan and Advocate Jehangzeb Masood appeared for the petitioner while the Provincial Government was represented by the Additional Solicitor General.
During the hearing, the petitioner’s counsel argued that the Public Service Commission under the Act is a provincial constitutional body and 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 Prime Minister had sent a summary to the Governor seeking approval for the appointment of the Chairman, which was duly approved.
However, the lawyer maintained that the summary regarding the appointment of a commission member was returned as the law clearly vests the power to appoint members solely with the Governor and any recommendation of the Prime Minister in this regard is unconstitutional.
The lawyers further argued 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 appointment of members, which remains the exclusive discretion of the Governor.
It was alleged that despite the Governor raising objections, the provincial government went ahead with the appointment of 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.
