LAHORE, Oct 19: Governor Latif Khosa has rejected another summary sent to him by the chief minister with regard to appointment of Punjab Public Service Commission member Safdar Javaid Syed as its chairman with effect from Oct 8 in view of the completion of the term of the present office-holder Lt-Gen Sabahat Husain (retired).

The governor had on Oct 6 rejected a summary sent by the chief minister to make the appointment, citing legal hurdles.The second summary was forwarded to the governor on October 8, seeking appointment of Mr Syed and mentioning that the objections raised by Mr Khosa were not based on correct interpretation of the relevant provisions of the Constitution, and the PPSC Ordinance 1978.

While rejecting the second summary, the governor has reiterated his earlier objections, maintaining that no satisfactory reply based on legal grounds has been given while undertaking re-submission of the case.

He has maintained the case has been once again submitted by the chief minister with specific recommendations conspicuous by their absence as to the proposed tenure of the member recommended to be appointed as the chairman which is still not accounted for.

“Only an oblique explanation has been afforded that while advising the governor to appoint Mr Syed as the (PPSC) chairman the government was fully cognizant of the legal position that he will cease to hold the office of the chairman on completion of three years term as member on April 5, 2013.

“An argument has been advanced that for this admitted reason, no specific term of his appointment as chairman was mentioned in the proposal. Still the proposal to fix the tenure of the nominated chairman equivalent to the unexpired portion of his tenure as member is not an integral part of the recommendations submitted for approval of the governor.

“This is nothing but an abortive attempt to hoodwink (public) and evade transparent, reasoned and articulated decision making on core issues impinging upon vires of the case.

“According to provisions of Rule 4 of the PPSC (Terms and Conditions of Service) Rules, 2012, Mr Syed falls in Serial No 3 amongst members of the commission and his appointment as chairman bypassing two existing members will be against law, rules, and merit, even on hypothetical basis.

“I am, therefore, inclined not to approve the appointment of Mr Syed as chairman of the commission as the same is not covered under the provisions of the Constitution, the PPSC Ordinance, 1978, as amended through the PPSC( Amendment) Act, 2012, and the PPSC (Terms and Conditions of Service) Rules, 2012, by reiterating my directions already conveyed.

“I am sanguine that by abdicating adamantine fixation with nomination of the recommended member, law shall be allowed to be set in motion, and a fresh proposal regarding appointment of a regular chairman shall immediately be submitted under the law for my approval/orders in order to avoid any administrative and financial inconvenience as Mr Sabahat Husain has already completed his tenure as chairman,” the governor said in his reply.