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It is the Duty of the Department to conduct Due Diligence during the Recruitment Process; if Lapses occur, the Responsibility lies with the Department, not the Employees --- Supreme Court of Pakistan

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It is the Duty of the Department to conduct Due Diligence during the Recruitment Process; if Lapses occur, the Responsibility lies with the Department, not the Employees --- Supreme Court of Pakistan

Islamabad 07-10-2024: The Supreme Court of Pakistan has set aside a decision by the Sindh Service Tribunal that upheld the dismissal of two Police Constables, Javed Ali and Sabir Ali, from the Sindh Police, and remanded the matter back to the Tribunal for a fresh hearing on merits. The decision was rendered by a two-member bench comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Syed Hasan Azhar Rizvi.

The petitioners, who were dismissed from service for allegedly being overage at the time of appointment, argued that they were not afforded the right to a personal hearing or a proper inquiry before their dismissal. The petitioners highlighted that other similarly placed employees had been reinstated, creating an issue of discriminatory treatment.

The Court observed that the petitioners had served in the Sindh Police for four to six years before being dismissed on the grounds of age irregularities. During this period, their employment status was never questioned. The Court also criticized the Sindh Police Department for its negligence in failing to scrutinize the petitioners' credentials at the time of appointment.

In a pointed observation, the Court noted, "It is the duty of the department to conduct due diligence during the recruitment process. If such lapses occur, the responsibility lies with the department, not the employees who have served diligently for years."

The judgment made it clear that the Sindh Service Tribunal should have conducted a thorough examination of the petitioners' claims of discrimination and procedural lapses in the recruitment process. The Court also directed the Tribunal to consider the possibility of age relaxation, if applicable under government policy, and to evaluate the bona fide intentions behind the petitioners' employment.

The Supreme Court ruled that these civil petitions be converted into appeals, allowed them, and remanded the case to the Tribunal for a fresh decision on merits after providing an equal opportunity of hearing to all parties.

The case, which originated from an inquiry under HRC No.16082-S of 2015, involved a broader investigation into fake and illegal appointments in the Sindh Police Department from 2012 to 2015. The dismissal of the petitioners, based on the findings of this inquiry, was deemed by the Supreme Court as requiring a more detailed examination of facts and circumstances, considering the length of service and the nature of the alleged irregularities.

The judgment is seen as a significant development in ensuring that procedural fairness and equal treatment are maintained in employment-related matters, particularly within the public sector.