| Citation(s) |
|---|
| 2022 SLG 376 2022 SLD 376 2022 PLC 15 |
Peshawar High Court
Writ Petition No. 3253-P of 2018, decision dated: 5-04-2021. hearing date: 1st April, 2021
MUSARRAT HILALI, JUSTICE, MUHAMMAD NASIR MAHFOOZ, JUSTICE
Danial Khan Chamkani for Petitioner. Nauroz Khan for
Respondents.
Writ Petition No. 3253-P of 2018, decision dated: 5-04-2021. hearing date: 1st April, 2021
MUSARRAT HILALI, JUSTICE, MUHAMMAD NASIR MAHFOOZ, JUSTICE
Danial Khan Chamkani for Petitioner. Nauroz Khan for
Respondents.
GHULAM MUHAMMAD
VS
REGIONAL COMMISSIONER FOR FEDERAL OMBUDSMAN, PESHAWAR AND 2 OTHERS
Law:
Section:
(a) Interpretation of statutes--- ----Ambiguity, avoiding of---Principle---Each and every part of statute has to be given its meaning so that any ambiguity in any enactment must be avoided. Sheikh Saeed Ahmed and another v. Abdul Wahid 1999 SCMR 1852 rel. (b) Protection against Harassment of Women at the Workplace Act (IV of 2010)--- ----S.11---Women harassment---Employer, responsibility of was proceeded against on complaint of respondent for causing her harassment---As a result of proceedings before Federal Ombudsman / ombudsperson, major penalty of compulsory retirement was imposed upon the petitioner employee---Validity---Competent authority was not bereft of the powers to initiate any proceedings against petitioner---Ombudsman / ombudsperson and its office had conducted proceedings by recording some evidence in the matter---Such evidence could be treated in lawful exercise of powers but penalty of compulsory retirement against petitioner could not be imposed---High Court set aside imposition of major penalty to petitioner and remanded the matter to Organization (employer) to treat the same as regular inquiry under Efficiency and Discipline Rules, regulating terms and conditions of service---Constitutional petition was allowed accordingly. Federation of Pakistan through Establishment Division v. Brig. (Rtd.) Zulfiqar Ahmad Khan and others 2007 SCMR 1313; Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib (Ombudsman) Islamabad and others PLD 2016 SC 940 and Sheikh Saeed Ahmed and another v. Abdul Wahid 1999 SCMR 1852 rel. JUDGMENT MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.--- Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has prayed this Court for the following relief:- It is, therefore, most humbly prayed that on acceptance of the writ petition, in exercise of the extra ordinary constitutional jurisdiction, this honorable Court be pleased to:- Declare judgment dated 02.03.2018 and 13.06.2018 of R.Nos. 01 and 02 to be illegal, improper, unjust, without lawful authority, discriminatory, mala fide and of no legal effect. 2. Brief facts of the case are that Anti-Corruption Establishment…
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