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Present: Mr. D.S.Patwalia vs Punjab To Appear In Court At 2 … on 8 August, 2011

Punjab-Haryana High Court
Present: Mr. D.S.Patwalia vs Punjab To Appear In Court At 2 … on 8 August, 2011
            CWP No.11846 of 2011 (O&M)



Present:    Mr. D.S.Patwalia, Advocate, with
            Mr. Aalok Jagga, Advocate,
            for the petitioner.

            Dr. Anmol Rattan Sidhu, Asstt. Solicitor General with
            Mr. S.S.Swaitch, Advocate, for respondent No.1.

            Mr. V.K.Jindal, Addl. Advocate General, Punjab,
            for respondent No.2.

            Mr. Gurminder Singh, Advocate,
            for respondent No.3.

            Mr. C.M.Munjal, Advocate,
            for respondent No.4.

            Mr. Pradeep Singh Poonia, Addl. Advocate General, Haryana,
            for respondent No.5.

            Mr. H.N.Mehtani, Advocate,
            for respondent No.6.

                                        ***

C.M.No.10514 of 2011

Application is allowed. Reply on behalf of respondent No.4 is

permitted to be taken on record.

CWP No.11846 of 2011

Mr. Mehtani has filed an affidavit on behalf of respondent No.6

in the Court today. The same is permitted to be taken on record.

Dr. Sidhu, learned counsel representing respondent No.1, has

produced the Government of India (Transaction of Business) Rules issued

on 14.01.1961. Such Rules provide that the appointment and reservation of

Chairman or Members of the UPSC shall be submitted to the Prime Minister

and the President. Dr. Sidhu states that he has not got any information as

sought in the order dated 01.08.2011.

CWP No.11846 of 2011 (O&M) -2-

Mr. Gurminder Singh, learned counsel representing respondent

No.3, has filed reply on behalf of respondent No.3 by way of short affidavit

of Ms. Amrit Kaur Gill, Secretary, Punjab Public Service Commission,

Punjab in the Court today. The same is permitted to be taken on record.

Dr. Sidhu, Mr. Swaitch, Mr. Gurminder Singh and Mr. Mehtani

have concluded their arguments.

Mr. Jindal relies upon an affidavit filed on behalf of Shri Som

Singh, Deputy Secretary to Government of Punjab, to contend that the

advice tendered by the Council of Ministers and/or Chief Minister cannot be

inquired into in terms of Article 163(3) of the Constitution of India.

We have examined the Rules of Business of the Government of

Punjab issued on 25.02.1992. Rule 28 (1) (xvii) of such Rules contemplates

that the proposals for appointment of Chairman, Members and Secretary of

the State Public Service Commission shall be submitted to the Hon’ble

Chief Minister through the Chief Secretary before issue of orders.

In S.R.Bommai Vs. Union of India (1994) 3 SCC 1 and

B.P.Singhal Vs. Union of India and another (2010) 6 SCC 331, the

Hon’ble Supreme Court has said that there cannot be any inquiry in respect

of advice tendered, but the questions; whether there was any material on the

basis of which such advice was given; whether such material was relevant

for such advice; and whether the material was such that a reasonable man

could have come to the conclusion, which was under challenge, are open to

judicial scrutiny.

Therefore, we call upon the Chief Secretary to Government of

Punjab to appear in Court at 2 o’clock today itself to produce the record, to
CWP No.11846 of 2011 (O&M) -3-

enable this Court to examine the material relating to appointment of

respondent No.4, as Chairman of Punjab Public Service Commission.

To be taken up at 2.00 pm.

[HEMANT GUPTA]
JUDGE

[PERMOD KOHLI]
JUDGE

08.08.2011 [K. KANNAN]
Vimal JUDGE
CWP No.11846 of 2011 (O&M)

Present: Mr. D.S.Patwalia, Advocate, with
Mr. Aalok Jagga, Advocate, for the petitioner.

Dr. Anmol Rattan Sidhu, Asstt. Solicitor General with
Mr. S.S.Swaitch, Advocate, for respondent No.1.

Mr. V.K.Jindal, Addl. Advocate General, Punjab, with
Mr. S.C.Aggarwal, Chief Secretary to Government of Punjab,
for respondent No.2.

Mr. Gurminder Singh, Advocate, for respondent No.3.

Mr. C.M.Munjal, Advocate, for respondent No.4.

Mr. Pradeep Singh Poonia, Addl. Advocate General, Haryana,
for respondent No.5.

Mr. H.N.Mehtani, Advocate, for respondent No.6.

***

Mr. S.C.Aggarwal, Chief Secretary to Government of Punjab

has produced the original file relating to the appointment of respondent

No.4, as Chairman of Punjab Public Service Commission. Mr. Aggarwal

has also filed an affidavit. From the record as well as the affidavit, it

transpires that the material available on the file for the appointment of

respondent No.4, is his Bio-Data and acceptance of his resignation by the

Hon’ble Speaker. The original record is returned to the Mr. Aggarwal and

the affidavit is ordered to be taken on record.

Arguments heard.

Judgment reserved.

                                                  [HEMANT GUPTA]
                                                      JUDGE


                                                  [PERMOD KOHLI]
                                                      JUDGE


08.08.2011                                         [K. KANNAN]
Vimal                                                 JUDGE
 

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