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2011 Supreme(P&H) 1529

HEMANT GUPTA, K.KANNAN, PERMOD KOHLI
Salil Sabhlok – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. D.S. Patwalia, Advocate & Mr. Aalok Jagga, Advocate.
For the Respondent No.1:Dr. Anmol Rattan Sidhu, Asstt. Solicitor General of India with Mr. S.S. Swaich, Advocate.
For the Respondent No.2:Mr. P.P. Rao, Senior Advocate, with Mr. Sarvesh Bisaria, Advocate, & Mr. V.K. Jindal, Additional Advocate General, Punjab.
For the Respondent No.3:Mr. Gurminder Singh, Advocate.
For the Respondent No.4:Mr. C.M. Munjal, Advocate.
For the Respondent No.5:Mr. H.S. Hooda, Advocate General, Haryana, with Mr. Pradeep Singh Poonia, Addl. Advocate General Haryana & Mr. Gagan Deep Singh Wasu, DAG, Haryana.
For the Respondent No.6:Mr. H.N. Mehtani, Advocate.

JUDGMENT

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














































































































































































































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