SC Dismisses Unfounded Appeal of FPSC with Imposed Costs

REWRITTEN ARTICLE:

Taking on Frivolous Lawsuits: The Supreme Court's Messages to Public Bodies

In a scathing rebuke, Pakistan's Supreme Court has shown no mercy to public bodies filing frivolous litigation, drawing attention to the detrimental effects on justice and public resources.

The two-judge bench, led by Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi, made their views clear in a recent decision against the Federal Public Service Commission. The commission had filed a review petition against the apex court, a move that was not only time-barred by 204 days but also lacking in merit.

The judgment made it explicit that public bodies, when engaging in litigation, do not act for personal agendas but as guardians of the law and trustees of public interest. Carrying a heavy responsibility to act ethically and adhere to the Constitution, these bodies should approach the court with due diligence and conduct.

The contested case, brought forth by a public institution, stood out as a prime example of misusing the judicial system. Rather than seeking genuine relief, it aimed to harrass and exhaust the opposition using abusive legal practices. In light of such behavior, the court dismissed the petition and levied costs to send a strong message against such conduct and deter future instances by public authorities.

The court also instructed the concerned institution to conduct an internal investigation to identify and penalize the officials responsible for authorizing the petition's filing. By doing so, public entities can regain public trust, reduce unnecessary litigation, conserve precious state resources, and fulfill their constitutional mandate with integrity.

The Court expressed serious concern about the present case, revealing a disturbing pattern of ineffective governance. Public officers, fearing personal liability, resort to filing petitions before the highest court with questionable legal grounds, turning the judicial system into a tool for self-preservation and stalling decision-making.

Such behavior should be harshly condemned. Litigation must serve as a functional aspect of well-informed decision-making, not a means to evade accountability or display indecision. Public institutions should be capable and confident enough to make lawful decisions and stand by them. Building a culture based on fear and oscillating accountability only weakens the administrative framework's backbone.

Public bodies must cultivate the courage and internal discipline to exercise decisive action. The strength of the nation lies in their institutional resilience. The present case not only showcased an abuse of the judicial process but also a glaring example of institutional negligence and shaky governance. The petition was dismissed, along with a penalty of Rs100,000 for being frivolous, vexatious, and an unjustifiable waste of the court's time.

**Enrichment Data:- The Supreme Court has emphasized the consequences of frivolous litigation by public bodies, including clogging judicial dockets and draining public resources.- Public bodies are expected to act responsibly and in accordance with the Constitution as custodians of the law and fiduciaries of public interest.- Frivolous lawsuits filed by governments or public statutory functionaries are seen as a misuse of the judicial system, intended to harass parties and evade accountability.- To deter misuse, the court may impose penalties on the petitioning institution and institute internal discipline for accountability.- Public bodies are encouraged to develop the courage to make lawful decisions and stand by them, to ensure institutional strength and national stability.

The Supreme Court, in a firm stance, has highlighted the potential risks of frivolous lawsuits by public bodies, such as clogging judicial dockets and depleting public resources.
Public bodies, as custodians of the law and fiduciaries of public interest, are expected to act responsibly and in accordance with the Constitution.
Filing frivolous lawsuits by governments or public statutory functionaries can be considered a misuse of the judicial system, intended to harass parties and evade accountability.
To deter such misuse, courts may impose penalties on the petitioning institution and institute internal discipline for accountability.
It is essential for public bodies to cultivate the courage to make lawful decisions and stand by them, ensuring institutional strength and national stability.