STATE OF PUNJAB versus SAUL SABHLOK AND ORS.

STATE OF PUNJAB versus SAUL SABHLOK AND ORS.

Appointment of Harish Rai Dhanda as Chairman of Punjab Public Service Commission was invalid due to non-consideration of relevant factors implied by nature of Public Service Commission duties, such as integrity, competence, and independence. Full Bench exceeded jurisdiction by laying down selection procedure not referred to it; High Court may intervene only when appointment process lacks deliberative process and constitutional requirements.

Parties
Appellant: State of Punjab; Respondents: Saul Sabhlok and Ors.; Respondent: Harish Rai Dhanda
Jurisdiction
India
Judgment Date
15 February 2013
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals disposed of; Full Bench judgment set aside; High Court's quashing of appointment not interfered with.
Legal Topics
Appointment of Chairman of State Public Service Commission, Scope of Interference Under Article 226, Selection Procedure and Integrity Requirements, Maintainability of PIL in Service Matters
Constitutional Law Administrative Law Judicial Review Appointment of Chairman of State Public Service Commission Scope of Interference Under Article 226 Selection Procedure and Integrity Requirements Maintainability of PIL in Service Matters

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Parties

State of Punjab

Appellant

Saul Sabhlok and Ors.

Respondents

Harish Rai Dhanda

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether High Court can interfere with appointment of Chairman of State Public Service Commission under Article 226
  2. 2 Whether High Court can lay down procedure for such appointment
  3. 3 Maintainability of public interest litigation in challenging appointment to constitutional positions

Ratio Decidendi

Appointment of Harish Rai Dhanda as Chairman of Punjab Public Service Commission was invalid due to non-consideration of relevant factors implied by nature of Public Service Commission duties, such as integrity, competence, and independence. Full Bench exceeded jurisdiction by laying down selection procedure not referred to it; High Court may intervene only when appointment process lacks deliberative process and constitutional requirements.

Court Disposition

Appeals disposed of; Full Bench judgment set aside; High Court's quashing of appointment not interfered with.

Orders

  • Full Bench judgment dated 17.08.2011 of High Court set aside.
  • Appointment of Harish Rai Dhanda as Chairman quashed; notification of appointment invalid.