Experts believe PM can appoint CS, IGP without consulting CM.

ISLAMABAD -- In the backdrop of the recent events in Punjab, though it is crystal clear that the federal and the provincial governments would ultimately lock their horns over two top appointments in Punjab however at the same time question once again arises that who will finally prevail in this tussle. The read of the relevant rules and the expert opinion sought by this scribe transpired that if a deadlock over the appointment of the Chief Secretary and the Inspector General of Police emerged between the federal and a provincial government, the final authority by law to make such appointment is the Prime Minister. According to the Rule 15 (IV) of the Civil Service of Pakistan (Composition and Cadre) Rules, 1954, a Pakistan Administrative Services officer shall be posted as Chief Secretary in a Province by the Prime Minister or a person authorised by him in consultation with the Chief Minister or a person authorised by him and due consideration will be given to the recommendations of the Chief Minister or a person authorised by him. However, the rules provided that consultation will mean the intimation of a name, or a panel of names of PAS officers to be conveyed to the concerned Chief Minister preferably in writing. The rules stated further that if there is no response from the Chief Minister within 15 days, then Prime Minister will proceed to make such an appointment of the named officer and it will be deemed to have the approval of the Chief Minister. It is also provided in the rules that if emergent situation arises, Prime Minister instead of a written communication can also consult the Chief Minister on telephone and convey his proposal and if the Chief Minister did not respond back for 15 days, Prime Minister can appoint an officer. Furthermore, in 1993, an agreement was reached between the provinces and the federal government regarding the appointment of Chief Secretary and the IG police according to which the federal government will have to send a panel of officers to the provincial government that will have to give its consent. However, later the provincial governments started to send their panel of officers for...