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 void, ruling that the appointment was made by the provincial government without consulting the governor.
The court admitted a judicial petition challenging the appointment.
The orders were issued on Wednesday during the hearing of a petition filed by Muhammad Owais. Advocates Lajbar Khan and Jehangzeb Masood appeared for the petitioner, while the provincial government was represented by the additional advocate general.
During the hearing, the petitioner’s counsel argued that as per 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 reported 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 endorsed.
However, the lawyer submitted that the summary regarding the appointment of a member of the commission was returned as the law clearly vests the authority to appoint members only in the governor, and any recommendation by 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 prime minister for the post of president, there is no provision mandating consultation with the prime minister in the nomination of members, which remains the sole 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.
