No arbitrary relief without constitutional power, rules SC

ISLAMABAD: The Supreme Court has ruled that no court has the jurisdiction to grant arbitrary relief without the support of any power granted by the Constitution or the law.

“Any relief granted on the touchstone of subjective standards of leniency and compassion, rather than the law, cannot be sustained,” said the judgment authored by Justice Syed Mansoor Ali Shah.

“All Courts and Tribunals seized of matters before them are required to pass orders strictly in accordance with the parameters of the Constitution, the law and the rules and regulations lawfully framed under the law” the judgment further said.

It noted that the Tribunal enjoys powers to set aside, confirm, vary or modify any order passed by the departmental authorities. However, such power is required to be exercised carefully, judiciously and after recording cogent reasons for the same keeping in view and considering the specific facts and circumstances of each case.

A three-judge bench headed by Justice Syed Mansoor Ali Shah and comprising Justice Athar Minallah, Justice Malik Shahzad Ahmad Khan set aside the Tribunal’s judgment and upheld the dismissal orders of the respondents dated 21.09.2021 passed by the department.

According to the facts, the driver constables (respondents) were appointed by the District Police, Lahore in the year 2007. Subsequently, on the basis of a complaint, an investigation into the genuineness of their LTV driving licenses was carried out and after necessary verification, it was found that the traffic police had no record of their driving licenses and the same were found fake and bogus.

Upon receiving the said information, show-cause notices were issued to the respondents in 2015. Thereafter, regular departmental inquiry proceedings were initiated under the Punjab Police (E&D) Rules, 1975 during which the respondents admitted that they had not participated in any visual or physical test to get the licenses and that the same were obtained through an agent.

Upon receipt of the inquiry report, the respondents were dismissed on 21.09.2021 from service under Rule 3 of the Rules. Subsequently, the respondents filed departmental appeals which were dismissed on 04.03.2022.

Copyright Business Recorder, 2024