ISLAMABAD: The Supreme Court (SC) has ordered the Sindh government to devise rules to appoint chairman and members of the Sindh Public Service Commission (SPSC).
Former SPSC chairman Saleem Bhounr and members Javed Bukhari, Shamsuddin Hisbani, Feroze Bhatti, Baz Muhammad Junejo and Ashiq Memon had resigned after the SC took suo motu notice over their eligibility.
However, three members Saindad Solangi, Ghulam Shabbir and Hanif Pathan challenged the government’s order. They contended that their appointments were made under Section 3 of the Act.
In a nine-page order authored by Justice Hani Muslim, the court observed that the controversy recently generated by the examinations/interviews and recommendations undertaken by the commission headed by Bhounr, was talk of the town.
It also observed that the appointments have far reaching effects and the inherent disqualification appointments were willfully overlooked by the relevant forum, as there is no yardstick provided for appointments.
“The discretion of the competent authority in making the appointments of the Commission needs to be structured through the rules, which need to be framed by the Government in terms of Section 10, suggesting a high powered permanent committee to examine the service profiles of the Chairman and Members to be selected under Section 3(3) and the qualifying standards provided therein,” the order read.
“Likewise, the committee needs to scrutinise the eminence of the persons in the private sector before the selection as member in consonance with the terms used in Section 3(4) of the Act,” the order stated.
“The application of ultimate wisdom in selection of the Chairman and Members of the Commission is extremely important, as it should have been a symbol of excellence, which is at the brink of losing its traditional grace,” the court observed.
The court ruled that it has given the guidelines in one of the judgements in 2013 regarding the similar issue, adding that these guidelines should be made basic criteria for appointment to the office of chairman and members.
“The proposed rules need to be framed in a manner where the selection to the posts of chairman and members should be transparent and confined to the persons who enjoy high standards of integrity and honesty,” the top court ruled.
It added the rules should further provide that the proposed appointee has a clean service record without any adverse entry in his PERs throughout his career.
During the course of previous hearing taken up by a two-member bench headed by Justice Amir Hani Muslim, the court had declared the appointment of Saindad Solangi and Ghulam Shabbir under Section 3 of the Act and ordered the Sindh government to retain their services while appointing new members.
The court, however, rejected Hanif Pathan’s induction, ruling that it was not made in conformity with the provision of Section 3(4) of the Sindh Public Service Commission Act, 1989.
