' Through the instant Intra Court Appeal filed under Section 3 of Law Reforms Ordinance, 1972 the Appellant has called in question the legality of impugned order dated 19.01.2017 passed in Writ Petition No,1280/2015 whereby the learned Single Judge has dismissed the writ petition filed by the Petitioner being bereft of any force.
2. Brief facts revealing from the instant appeal are that the Appellant applied for the post of Constable in the Punjab Police and passed his tests including written test, physical as well as medical test but due to unintentional mistake the Appellant did not mention in his application form that an FIR was registered against him. The Appellant was declined for selection on the ground that the he was found involved in a criminal case.
3. Learned counsel for the Appellant submitted that the impugned order is against law and facts and is liable to be set aside on the grounds that the learned Single Judge has not appreciate the fact that the Appellant was acquitted from the said criminal case that the other co-accused were also acquitted from the criminal case and they are enjoying the post in the Police Department but the Appellant has been deprived of the said benefit as such a discriminatory attitude has been adopted towards him; that the impugned order is based on misreading and non-reading of material available on record.
4. Arguments heard and record perused.
5. Admittedly the Appellant has not mentioned the fact of criminal case against him at the time of submission of application form for the post of Constable in the Punjab Police and has made concealment of fact.' From the perusal of record it reveals that none else but the Appellant himself has stated on oath that he has not been involved in any type of criminal activities, therefore, the learned Single Judge has rightly dismissed the writ petition of the Appellant. In the impugned order reliance has also been made by the learned Single Judge on an order dated 18.02.2013 passed by the Hon'ble Supreme Court of Pakistan in C.Ps.Nos,1668-L and 1852-L of 2012 in which it has been held as under: "Admittedly when the Respondent/ Petitioner Jabir Ali gave his application to the department for recruitment into police service, three FIRs were pending against him and hence he falsely stated in such application that he was not involved in any criminal case. A police official should be honest and law abiding himself and subject to discipline. Where, at the inception of his career, respondent/Petitioner had made a false statement for the purpose of recruitment into the force, he cannot be expected to perform his duties honestly and diligently. Hence, he was correctly dismissed from service by the department authority."
From the above, it is evident that the misstatement on the part of the Appellant before entering into service itself shakes the credibility of his character and disentitles him from any relief. Reliance has also placed by the learned Single Judge on the cases titled Rehmat Din and others v. Mirza Nasir Abbas and others (2007 SCM R 1560) and Mst. Azra Parveen v. Pakistan Cricket Board through Chief Executive and 2 others (2005 YLR 1469).
6. We fully agree with the findings of the learned Single Judge in the impugned order which has been passed in line with the dictates of law and pronouncements of the apex Court and does not call for any interference by this Division Bench.
7. We do not see any illegality in the impugned order; consequently, the Appeal in hand, being devoid of any merit is hereby dismissed in limine.