| Citation(s) |
|---|
| 2017 SLG 1501 2017 SLD 1501 2017 PLC 652 |
Supreme Court of Pakistan
Constitutional Petition No. 577 of 2012, decision Dated: 29th December, 2016. Heard on: 19th December, 2016.
AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE
Zameer Hussain Ghumro, AG Sindh and Ghulam Ali Brahmai, Additional Secretary, Services, Sindh for Government of Sindh. Farooq H. Naek, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Chairman and Members of SPSC. Raja Muhammad Ibra
Constitutional Petition No. 577 of 2012, decision Dated: 29th December, 2016. Heard on: 19th December, 2016.
AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE
Zameer Hussain Ghumro, AG Sindh and Ghulam Ali Brahmai, Additional Secretary, Services, Sindh for Government of Sindh. Farooq H. Naek, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Chairman and Members of SPSC. Raja Muhammad Ibra
SUO MOTU ACTION REGARDING ELIGIBILITY OF CHAIRMAN AND MEMBERS OF SINDH PUBLIC SERVICE COMMISSION AND OTHERS, IN THE MATTER OF (Suo Motu Action regarding eligibility of Chairman and Members of Sindh Public Service Commission and others)
Law: Sindh Public Service Commission Act, (XI of 1989)
Section: 3
Law: Constitution of Pakistan, 1973
Section: 184(3),242(1)
Sindh Public Service Commission Act (XI of 1989)--- ----S. 3--- Constitution of Pakistan, Arts. 184(3) & 242(1)---Appointment of Chairman and Members of the Sindh Public Service Commission---Suo motu action regarding eligibility of Chairman and Members of Sindh Public Service Commission ("Commission")---Guidelines for criteria for appointment to the office of Chairman and Members of the Commission laid down by the Supreme Court---Chairman/Members of the Commission, which was a constitutional body, needed to be selected from amongst noble individuals possessing incomparable competence, exalted calibre, unblemished track record, impeccable integrity and unquestionable impartiality---Chairman/ Members should be persons who could be entrusted with the responsibility of selecting the most deserving candidates, who would be holding key positions in the public sector---Discretion of the competent authority in making appointments to the Commission should be structured through rules, which needed to be framed by the Government in terms of S. 10 of the Sindh Public Service Commission Act, 1989 ("the Act")---Said rules needed 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 enjoyed high standards of integrity and honesty---Said rules should further provide that the proposed appointee had a clean service record without any adverse entry in his P.E.Rs. throughout his career---High-powered permanent committee should examine the service profiles of the Chairman and Members to be selected under S. 3(3) of the Act and the qualifying standards provided therein---Likewise, the high-powered committee should also scrutinize the eminence of the persons in the private sector before their selection as Members in consonance with the terms used in S.3(4) of the Act---Said guidelines should be made the basic criteria for appointment to the office of Chairman and Members of the Commission---Supreme Court directed the Provincial Government to immediately take steps to frame rules under the Act and thereafter appoint the Chairman and Members of the Commission against vacancies---Order accordingly.…
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