SUPERINTENDENT OF POLICE, HEADQUARTERS, LAHORE vs IJAZ ASLAM R — 2024 SCMR 1831 SUPREME-COURT

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SUPERINTENDENT OF POLICE, HEADQUARTERS, LAHORE VS IJAZ ASLAM R. 4(1)(b)(iv)---Driver constables in police department---Appointments made on basis of fake and bogus driving licenses---Dismissal from service---"Doctrine of unclean hands"---Scope and applicability---Admittedly the respondents were dismissed from service based on an established charge of misconduct after a proper regular departmental inquiry was conducted by the competent authority---Findings in the inquiry report were not only accepted by the competent authority but had also been affirmed by the appellate authority of the same department---In the instant case, the major penalty of dismissal from service was imposed by the competent authority in accordance with law and the relevant rules---Fact that the respondents procured their appointment based on bogus and fake driving licenses could not be condoned---Reasoning given in the impugned judgment justifying their reinstatement on the ground that the respondents worked for 14 years and had subsequently obtained new licenses was not sufficient and did not wash away their act of submitting fake and bogus licenses and thus managing their appointments fraudulently---Once the appointment was sought on the basis of bogus licenses, such appointment could not be legitimized---This was based on the principle referred to as the "doctrine of unclean hands."---This legal doctrine holds that a person who has acted unethically, deceitfully, or with dishonesty should not be entitled to the benefits derived from such actions---When applied to employment, particularly in sensitive roles like the police service, this principle asserts that someone who gains their position through fraudulent means-such as by falsifying documents-cannot be trusted to uphold the integrity and responsibilities of that position---Furthermore, discovering the fraud, even several years after the fact, could still be ground for disciplinary action because the initial appointment was obtained illegitimately---The rationale was that trust and integrity are foundational to public service roles, and a breach of this nature undermined the trust necessary for the role and could potentially have legal and institutional consequences---Said principle maintains that the integrity of the institution and the trust placed in its officials are paramount, and therefore, any breach, regardless of when discovered, must be addressed decisively---Respondents knew that they had submitted fake and bogus licenses during the recruitment process---Thus, the Tribunal had failed to take into consideration the fact that the basic qualification/eligibility to the post of driver constable was a genuine license which the respondents did not meet---In the absence of the same, the Tribunal acted in an arbitrary and whimsical manner overlooking the specific facts and circumstances by granting relief to the respondents in violation of the law---Petition was converted into an appeal and allowed; the impugned judgment was set aside and the dismissal orders of the respondents passed by the department were upheld.

SUPERINTENDENT OF POLICE, HEADQUARTERS, LAHORE vs IJAZ ASLAM R — 2024 SCMR 1831 SUPREME-COURT

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