HEMANT GUPTA, K.KANNAN, PERMOD KOHLI
Salil Sabhlok – Appellant
Versus
Union of India – Respondent
Mr. Hemant Gupta, J.: - I. The reference to the Full Bench – the subject that requires fullfledged consideration.
1. The present writ petition has been placed before this Bench on a reference made by a Division Bench of this Court in respect of the issues arising out of appointment of respondent No.4 as Chairman of the Punjab Public Service Commission (for short referred to as ‘the Commission’). His appointment was challenged before a Division Bench of this Court just on the eve of the occasion for swearing-in ceremony. While ordering notice on the petition on July 13, 2011, the Court noticed the importance of the issues raised in the case and referred the matter observing, as follows:
“6. Even though, Article 316 of the Constitution does not prescribe any particular procedure, having regard to the purpose and nature of appointment, it cannot be assumed that power of appointment need not be regulated by any procedure. It is undisputed that person to be appointed must have competence and integrity. Reference may be made to the judgments of the Hon’ble Supreme Court in R/o Dr. Ram Ashray Yadav, Chairman, Bihar Public Service Commission, (2000)4 SCC 309, Ram Kumar Kashyap and
6. Kerala State Science & Technology Museum v. Rambal Co. & Ors.
8. Dr. M. Ismail Faruqui and others v. Union of India (1994) 6 SCC 360. (Para 26)
10. Uttaranchal v. Balwant Singh Chaufal and others
12. Employees’ State Insurance Corpn. v. Jardine Henderson Staff Association
15. Hari Bans Lal v. Sahodar Prasad Mahoto and others
21. Supreme Court Bar Association v. Union of India
23. S.C. Advocates-On-Record Association v. Union of India
25. Sanchalakshri v. Vijayakumar Raghuvirprasad Mehta
27. S.R. Bommai and others v. Union of India and others 1994(3) SCC 1. (Para 49)
30. Director of Settlement, A.P. and others v. M.R. Apparao and another
31. State of U.P. v. Manbodhan Lal Srivastava
33. Vineet Narain v. Union of India (1998)1 SCC 226. (Para 52)
37. M.S. Ahlawat v. State of Haryana
38. B.P. Singhal v. Union of India & Anr.
42. Ashok Kumar Yadav v. State of Haryana
26. Jai Shankar Prasad, Advocate v. State of Bihar and others
29. B.R. Kapur v. State of Tamil Nadu
34. Rajiv Ranjan Singh v. Union of India (2006) 6 SCC 613. (Para 52)
36. Raymond Ltd. v. M.P. Electricity Board
39. State of Rajasthan v. Union of India
14. Dattaraj Nathuji Thawara v. State of Maharashtra (2005) 1 SCC 590. (Para 32)
19. Vineet Narain v. Union of India (1998)1 SCC 226. (Para 44)
20. Vishaka v. State of Rajasthan (1997) 6 SCC 241. (Para 44)
22. M.S. Ahlawat v. State of Haryana and another
24. B.C. Chaturvedi v. Union of India
2. Amarinder Singh v. Special Committee, Punjab Vidhan Sabha
9. Dr. Duryodhan Sahu and others v. Jitendra Kumar Misra and others
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