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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to be scrupulously fair towards the offender and the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court and from other courts Nevertheless they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
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thirteen. The Supreme Court has held that as soon as the act of misconduct is recognized along with the employee is found guilty after due process of regulation, it's the prerogative in the employer to decide the quantum of punishment, from the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct is not enough even so the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
For your foregoing reasons the instant suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your law laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority with the parent department on the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent is also directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
The figured out Tribunal shall decide the case on merits, without being influenced with the findings in the Impugned order, after recording of evidence with the respective parties. Read more