๐๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐ฎ๐ญ๐จ๐ง๐จ๐ฆ๐ฒ ๐จ๐ ๐๐ง ๐๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง ๐ข๐ง ๐ ๐๐ญ๐๐ญ๐ ๐๐ฎ๐ฌ๐ญ ๐๐ ๐๐๐ฌ๐ฉ๐๐๐ญ๐๐ ๐๐ฒ ๐๐ญ๐ก๐๐ซ ๐๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐ฌ: ๐๐
In the context of departmental proceeding of Police wherein a police driver, who had obtained fake driving license, was dismissed from service but he was reinstated by the Punjab Service Tribunal, Justice Syed Mansoor Ali Shah of the Supreme Court has penned another eloquent ruling wherein he vigorously speaks for institutional autonomy and doctrine of unclean hands in service matters.
The ruling says that when an institution works within its limits and legal boundaries in accordance with law and rules, and upholds transparency and due process of law, no other institution, even a supervisory one,ย ย is entitled to intrude into its affairs and matters. This non-interference policy is premised on the doctrine of self-governance and self-autonomy of an institution which is not just an administrative convenience, but it is fundamental for smooth functioning of an institution. The Court lamented in underlying words the decision of the Tribunal in this case as the said decision was nothing but unnecessary intrusion into the matters of Police institution.
The Court termed the autonomy of public sector institutions as sine qua non for effective functioning of a democratic society. The Court held “The autonomy of public institutions is not just a matter of administrative convenience, but a fundamental requirement for the effective functioning of a democratic society, as public sector organizations are guardians of the public interest.”
It was argued that the police driver had served the department for a long period of 14 years and had latter obtained authentic license for driving as well, so he should not be removed as he had corrected his wrong. To this extent, the Court categorically ruled that the doctrine at work here is the doctrine of unclean hands, which means that a person, who has done something unethically, immorally, illegally, deceitfully or dishonestly, cannot benefit from his own wrong. In case of sensitive matters like service in a police department, this doctrine must be more vigorously applied to uphold integrity and honesty within the institution. One may ponder that how a dishonest person can maintain integrity and honesty within an institution.
The Court held that when the very foundation is legally flawed, the entire superstructure on it, no matter how best-built it may be, will automatically collapse to the ground.ย When it was proved that the driving license was fake from its very beginning, any latter attempt to correct the wrong right cannot be considered, and such person cannot be a trusted employee in a sensitive department.ย The Court set aside the decision of the Tribunal and upheld the departmental proceeding against the driver.
