CHANDIGARH: The decision of Manohar Lal Khattar led Haryana government to appoint retired IPS of West Bengal cadre and former chairman of Haryana Public Service Commission (HPSC), R K Pachnanda on the post of chairman, Haryana Electricity Regulatory Commission (HERC) has come under the scanner of Punjab and Haryana high court. As per a petition filed before the HC on Friday, Haryana government has appointed Pachnanda in complete contravention of the article 319 of the constitution. Article 319 of the constitution prohibits the chairman/members of the UPSC and state public service commissions on ceasing to be chairman/member of the commission.
He was administered the oath of office on February 5 late evening by the state power minister after questions were raised over the government’s move to appoint him.
After hearing the petition, a division bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli of the HC has adjourned the matter for July 27 for further hearing.
The matter has reached before the HC in the wake of a petition filed by advocate Ravinder Singh Dhull.
While seeking directions to quash the appointment of Pachnanda as HERC Chairperson, the petitioner has submitted that he could not have been appointed on the public post of great value due to his disqualification by virtue of application of Article 319 of the Constitution of India.
The petitioner has also referred to the debates and quotes of Bhimrao Ambedkar made during the debates in the constituent assembly for the better interpretation of Article 319.
“I think that is a very salutary provision, because any hope that might be held out for re-appointment, or continuation in the same appointment, may act as a sort of temptation which may induce the member not to act with the same impartiality that he is expected to act in discharging his duties. Therefore, that is a fundamental bar which has been provided in the draft article,” says the petition quoting Ambedkar.
According to the petitioner, the very reasoning given by no one else but Dr Ambedkar is very clear that this disqualification has been added to ensure that the Public Service commissions act with impartiality and without any government interference as a large responsibility to select the prestigious civil services posts is with the Commission. “The Government can act and influence the appointments by alluring the Chairman for further postings like it has been done in the present case,” argued the petitioner.
According to the petitioner Pachnanda has been appointed as Chairman of another prestigious statutory body which is responsible for fixing electricity tariff and many more functions including quasi-judicial functions. Thus, by way of this illegal appointment the Government has opened the gate of back door corruption and influence, the petition has submitted.
An "influential" Pachnanda, a 1983 batch retired IPS of West-Bengal cadre, was appointed as chairman of HPSC by BJP government in 2018. He had completed his tenure as HPSC chairman in October 2020. However, within a few months of his retirement from HPSC, he was appointed by the Khattar led state government to the coveted post of HERC chairman.