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The Fraudulent Procurement of Appointments cannot be Legitimize by Subsequent Actions --- Supreme Court of Pakistan

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The Fraudulent Procurement of Appointments cannot be Legitimize by Subsequent Actions --- Supreme Court of Pakistan

Islamabad 30-08-2024: The Supreme Court of Pakistan has set aside a Punjab Service Tribunal judgment, upholding the dismissal of multiple police constables who were found to have secured their positions using fake driving licenses. The Court emphasized the importance of institutional integrity and the rule of law in its decision.

In a ruling authored by Mr. Justice Syed Mansoor Ali Shah, the Court detailed the background of the case, where constables appointed by the District Police, Lahore in 2007, were later discovered to have presented fraudulent Light Transport Vehicle (LTV) licenses during their recruitment process. A departmental inquiry confirmed the fake nature of the licenses, leading to the constables' dismissal in 2021 under the Punjab Police (Efficiency and Discipline) Rules, 1975.

The dismissed constables challenged their termination, and the Punjab Service Tribunal reinstated them, citing vague allegations and the fact that they had obtained new licenses after years of service. However, the Supreme Court criticized the Tribunal's reasoning, stating that obtaining new licenses did not absolve the initial fraud committed during the recruitment process.

"The fraudulent procurement of appointments cannot be legitimized by subsequent actions," the Court noted, stressing that integrity in public service roles is paramount. The judgment also referenced the legal doctrine of "unclean hands," indicating that individuals who gain positions through deceit cannot be trusted to uphold their roles' responsibilities.

The Court further underscored the principle of institutional autonomy, asserting that the imposition of disciplinary actions is primarily the function of the competent authority, in this case, the Police department. Judicial oversight should only intervene if such decisions are found to be illegal, irrational, or procedurally improper.

By setting aside the Tribunal’s judgment, the Supreme Court reaffirmed the importance of maintaining the integrity of public institutions and the necessity of addressing any breaches decisively, regardless of when they are discovered.

This ruling serves as a significant reminder of the high standards expected from public servants and the unwavering commitment to the rule of law in Pakistan’s judicial system.