ISLAMABAD:
The Federal Constitutional Court (FCC) has held that the Punjab Police cannot automatically deny recruitment of a candidate solely on the basis of a pending or previously registered FIR, observing that the authorities must evaluate each case on its own merits and in accordance with constitutional principles.
In a six-page judgment written by Chief Justice Amin-ud-Din Khan, the court upheld an order of the Lahore High Court (LHC) and held that the Constitution does not permit executive authorities to apply recruitment policies in a manner that ignores the individual facts and circumstances of each case.
The court observed that administrative discretion must always be exercised after due application of mind and supported by reasons demonstrating a rational connection between the available material and the conclusion reached.
“A refusal of appointment order that simply reproduces the existence of a previous FIR, without assessing the legal effect of the subsequent acquittal or the surrounding circumstances, does not reflect any real exercise of discretion but only a mechanical application of policy.
“Such an approach cannot be sustained in a constitutional process,” the ruling states.
The court noted that while recruitment for public service, particularly for a disciplined force such as the police, allows the state to prescribe standards of integrity, character and fitness, the discretion of the appointing authority remains subject to constitutional limitations.
“The appointing authority is therefore competent to examine the background of a candidate before proceeding to his appointment. However, such control must be exercised within constitutional limits.
“Executive discretion cannot be transformed into an arbitrary or mechanical exercise by treating the mere fact of registration of a criminal case as an automatic and irreversible disqualification, regardless of the candidate’s subsequent exoneration.”
The ruling emphasized that any administrative decision that affects public employment must be consistent with the constitutional guarantees of equity, legality and equality.
The court further held that the Punjab Police policy charter relied upon by the authorities must be interpreted in a manner consistent with constitutional principles.
“An executive instruction may regulate the hiring process and prescribe standards for background checks, but it cannot override the legal consequences arising from a judicial determination.”
The judgment added that once a competent court has acquitted a candidate, the appointing authority cannot ignore that judicial decision and continue to treat the candidate as if the allegations contained in the FIR had been established.
“Such an approach would be tantamount to substituting judicial determination for executive suspicion, something that is inadmissible under the constitutional framework,” the court observed. However, the court clarified that an acquittal does not automatically entitle one to an appointment in the police service.
“Appointment to the Police Department is not a matter of automatic right but is subject to the appointing authority being satisfied that the candidate possesses the necessary suitability, character and integrity expected of a member of a disciplined force.”
