HC Advocate writes Haryana Governor, objects to recommendation of ex-HPSC member as State Information Commissioner

Published on: 12 Apr 2023 at 02:32 PM

Published by: PreetiMahajan

The Fact News Service

Chandigarh, April 12

Hemant Kumar, Advocate of Punjab and Haryana High Court has written to the Governor of Haryana, Bandaru Dattatreya objecting to the appointment of an ex-HPSC member as State Information Commissioner.

While a Statutory Committee set up under Section 15(3) of the Right to Information Act (RTI), 2005 as headed by Haryana Chief Minister Manohar Lal Khattar and comprising Mool Chand Sharma, a Cabinet Minister in the Haryana Government and Leader of Opposition (LoP) in the State Legislative Assembly Bhupinder Singh Hooda recommending three names to the Governor of Haryana, Bandaru Dattatreya for appointment as State Information Commissioners (SICs) in Haryana State Information Commission, an Advocate at Punjab and Haryana High Court, Hemant Kumar has meanwhile written to the Governor raising a significant legal (read Constitutional) point as regard a name recommended amongst the same who happens to be a former member of Haryana Public Service Commission (HPSC) and as per Constitutional provisions, he ought not to be appointed to the post of SIC.

The Advocate said that as per information widely reported in a section of press/media, amongst the three names recommended by the aforementioned Statutory Committee to the Governor, one name is Dr. Kulbir Chhikara, who remained as a member of HPSC from June 2015 to June 2021 i.e. for a full tenure of six years. He was appointed as such during the first tenure of the ruling Khattar dispensation.

Hemant added that Article 319(d) of the Constitution of India lays down that on ceasing to hold office, a member other than the Chairman of a State Public Service Commission (like HPSC) shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission (UPSC) or as the Chairman of that or any other State Public Service Commission but not for any other employment either under the Government of India or under the Government of a State.

“In view of the above quoted Constitutional provisions, Dr. Chhikara, as on date i.e. after remaining as a member of HPSC can either be appointed as Chairman or member of UPSC or else Chairman of any other State Public Service Commission but not to any other post or office either under the Government of India or any other State Government including Haryana Government,” he added.

Hemant legally opines that as per Article 319(d) of the Constitution of India, as hereinbefore explained, a former member of the State Public Service Commission can be only be appointed to such posts/offices as mentioned therein and not to any other position.

He asserted that appointment in any authority, commission or committee etc, either created by executive order or else via a statute enacted by appropriate Government/legislature respectively, would be deemed to be employment under the appropriate Government.

Pertinent that over two years ago in February, 2021, the Khattar Government in Haryana also appointed a former Chairman of HPSC, RK Pachnanda, who is also a former IPS officer of the 1983 batch of West Bengal Cadre, as Chairperson of Haryana Electricity Regulatory Commission (HERC).

Pachnanda, who remained as HPSC Chairman from July, 2019 to Oct, 2020, after which his appointment as Chairperson of HERC Chief was also against Article 319(b) of the Constitution of India since as per this provision, after remaining as HPSC Chairman, he can only be appointed as Chairperson or Member of UPSC or else Chairman of any other State Public Service Commission but not to any other post or office either under the Government of India or any other State Government including Haryana Government. Even his appointment as HERC Chairperson was challenged before Punjab and Haryana High Court in the year 2021 over which a Notice of Motion was issued but before the Court could give its decision in this matter, last year in 2022 the petitioner withdrew the writ petition for reasons best known to him. Meanwhile, former Chairman of HPSC Pachnanda is still continuing as such and his tenure as Chairperson, HERC is till Oct, 2023 i.e. till he would attain the age of 65 years.

Hemant also said that as far as the Central Government is concerned, till date it has never ever appointed former Chairpersons or Members of UPSC to any sort of executive or statutory posts or offices after completion of their tenure in UPSC.