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