The Federal Constitutional Court (FCC) has ordered the police to appoint a driver constable candidate within 30 days, ruling that an FIR alone cannot disqualify a person from government employment once a court has acquitted him.
A bench headed by Chief Justice Aminuddin Khan set aside the disqualification notification from police department as well as the earlier judgment of the Lahore High Court. The court directed the authorities to complete the medical examination and other legal requirements within 30 days and issue the appointment order.
The petitioner, Abdul Latif, secured second position in the 2018 driver constable recruitment after being acquitted in a criminal case. The police nevertheless declared him ineligible. He approached the Lahore High Court, which denied him relief, before moving the Federal Constitutional Court.
In its ruling, the court held that an FIR is not proof of a crime and that a candidate cannot be deprived of a job on mere suspicion after acquittal. It also declared unlawful the decision to ignore the character certificate issued by Dera Ghazi Khan police without solid reasons.
The Chief Justice laid down six constitutional principles for public recruitment:
- Disqualification must rest on authentic evidence.
- Court acquittals must be respected.
- An adverse character report cannot be based on conjecture.
- Pending cases may be considered only with regard to their legal status.
- No candidate can be excluded from recruitment without being given an opportunity to be heard.
