PESHAWAR:
A two-member bench of the Peshawar High Court, comprising Justice Naeem Anwar and Justice Kamran Hayat Mian Khel, 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 granted a motion for summons challenging the appointment.
The orders were passed 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 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 President, which was duly approved.
However, the lawyer argued that the summary regarding appointment of a member of the commission was returned as the law clearly vests the power to appoint members only on the governor and any recommendation by the chief 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 requiring consultation of the chief minister while nominating members, which remains at the sole discretion of the governor.
It was argued that despite the governor’s objections, the provincial government had gone ahead with the appointment of Ali Asghar, a retired 20th grade PCS officer, under Article 33, saying that in the absence of the governor’s approval, the chief minister was empowered to make the appointment.
