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ALI HUSNAIN vs INSPECTOR GENERAL OF PUNJAB POLICE, LAHORE appointment in the Police Department — 2024 PLC(CS) 333 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PLC(CS) 333 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PLC
Parties
ALI HUSNAIN vs INSPECTOR GENERAL OF PUNJAB POLICE, LAHORE appointment in the Police Department
Subject matter
Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALI HUSNAIN VS INSPECTOR GENERAL OF PUNJAB POLICE, LAHORE appointment in the Police Department---Eligibility---Criminal record of the candidate---Scope and effect---Petitioner was appointed as Operator BS-5-EDC in Technical Cadre Special Branch Punjab Police, Lahore on contract basis and the same had been extended from time to time uptill the same was not further extended---Punjab Public Service Commission ('the Commission') advertised the posts of Supervisor BS-14/EDC Technical Cadre Special Branch, Punjab Police, and the petitioner was declared successful candidate and selected but his appointment letter was withheld due to his involvement in some criminal case---Petitioner invoked constitutional jurisdiction of the High Court challenging the rejection of his representation against withholding his appointment letter having been made before the concerned authority---Validity---For the recruitment in the Police Department, the incumbents should necessarily have an unblemished character, which was apparently found deficient in the petitioner who had deliberately concealed the material fact (criminal case having been registered against him), thus he had come to High Court with soiled hands which disentitled him from any discretionary relief---High Court was well within jurisdiction to withhold the exercise of extraordinary constitutional jurisdiction in favour of the petitioner---Petitioner had not pointed out any illegality, material irregularity and jurisdictional defect in the impugned order (rejection of his representation), passed by competent authority---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 PLC(CS) 333 LAHORE-HIGH-COURT-LAHORE ALI HUSNAIN VS INSPECTOR GENERAL OF PUNJAB POLICE, LAHORE Notification No.SE-IV/7317-70/II, dated 26.06.2014 issued by the Govt. of the Punjab, Police Department---Standing Order No.6 of 2015 issued by the Govt. of the Punjab, Police Department, Cl. 23---Appointment in the Police Department, eligibility of---Criminal record of the candidate---Scope and effect---Petitioner was appointed as Operator BS-5-EDC in Technical Cadre Special Branch Punjab Police, Lahore on contract basis and the same had been extended from time to time uptill the same was not further extended---Punjab Public Service Commission ('the Commission') advertised the posts of Supervisor BS-14/EDC Technical Cadre Special Branch, Punjab Police and the petitioner was declared successful candidate and selected but his appointment letter was withheld due to his involvement in some criminal case---Petitioner invoked constitutional jurisdiction of the High Court challenging the rejection of his representation against withholding his appointment letter having been made before the concerned Authority---Validity---As per notification No.SE-IV/7317-70/II, dated 26.06.2014 issued by the Government of the Punjab, Police Department, the competent authority had principally decided that all those candidates who during character verification, had been found involved in criminal cases (either under trial or acquitted on multiple grounds) were not eligible for appointment in Police Department---Further, as per Cl. 23 of the Standing Order No.6 of 2015 issued by the Government of the Punjab, Police Department, the candidates having criminal record could not be appointed---Record revealed that the petitioner had failed to fulfill the eligibility criteria required for the said post as he was found involved in a criminal case---Commission while recommending the petitioner and other candidates, clearly mentioned in the relevant letter that recommendation made by the Commission did not bear any compulsory binding obligation / duty upon the respondent/Department to appoint the petitioner against the post especially when there were serious flaws in the character of the petitioner---Petitioner had not pointed out any illegality, material irregularity and jurisdictional defect in the impugned order (rejection of his representation), passed by competent authority---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2024 PLC

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