The apex court earlier on Oct 13, 2008, had asked suspended HPSC chairman Saini and the commission's members to respond to the presidential reference which sought the court's opinion on the powers of the state government in the matter of appointment and removal of HPSC members.

Saini and the other members too had moved the apex court challenging the presidential reference against them.

Appearing for the state government, senior advocate Shanti Bhushan sought the lawsuits of Saini and other suspended members should be reejected. He argued that the commission appointed in 2004 by then Chief Minister Om Prakash Chautala was not functioning impartially and this was evident from the records.

The government had made the presidential reference seeking removal and suspension of the members of the HPSC on the grounds that their appointments were not in consonance with the guidelines.

The government had maintained that the Chautala-led government had made fresh appointments in 2004, just before going out of power, to 'remote-control' the HPSC even while it was out of power.