Appointment of Assistant Commissioner by CMs: SC bench refers matter to CJP for suo motu notice

A matter relating to filling slots in provincial secretariats under West Pakistan Civil Service (Executive Branch) Rules, 1964 has been referred to Chief Justice of Pakistan Justice Anwar Zaheer Jamali on Thursday for taking suo motu notice to determine vires of the Rules. A three judge bench of the apex court led by Justice Amir Hani Muslim resumed the hearing of a matter over appointments of Assistant Commissioners under West Pakistan Civil Service (Executive Branch) Rules, 1964.
During the course of hearing, petitioners raised issue pertaining to the powers of Chief Minister to appoint by nomination any officer working in different categories of the Government of Sindh as an Assistant Commissioner in terms of Rule 5(iv) (b) of the West Pakistan Civil Service (Executive Branch) Rules, 1964. The bench said in its order, "Prima facie these rules are in conflict with the provisions of Articles 240 & 241 of the Constitution of Islamic Republic of Pakistan, 1973 wherein a mode has been provided for appointment in the Service of Pakistan or of a Province".
It added in the order, "Such rules cannot overrule the mandate of the provisions of the Constitution. Therefore, yesterday while passing an order in Crl.M.A.No 1411 of 2016 we has recorded certain reservations and restrained the Provincial Government from exercising such powers in terms of the aforesaid rules".
"Let this matter be placed before the Chief Justice of Pakistan for passing an appropriate order as to whether the aforesaid rules which prima facie appear to be violative of the provisions of the Constitution need to be examined in terms of Article 184(3) of the Constitution as it has far reaching effects and deprive the meritorious citizens from competing in the process of nomination by the Chief Minister. It is also pointed out that this issue is not confined to the Province of Sindh only but such powers are also in practice in the provinces of Punjab, KPK and Balochistan as well," the bench concluded.