| Citation(s) |
|---|
| 2024 SLG 4273 2024 PLJ 537 , 2024 SLD 4273 |
Peshawar High Court
Crl. P.L.A. No. 80-P of 2024, decided on 29.5.2024.
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Athar Minallah, JJ.
Mr. Salman Mansoor, ASC for Appellants (in C.A. No. 795-L of 2012). Hafiz M. Tariq Nasim, ASC for Appellants (in C.A. No. 123-L of 2013). Mr. Muhammad Raheel, Deputy Head (HR) PPCBL for Appellants (in C.P. No. 2508-L of 2017). Mian Ahmad Mahmood, ASC for
Respondents (in C.A. No. 795-L of 2012). Mr. Talat Farooq Sheikh, ASC for
Respondents (in C.A. No. 123-L of 2013). Mr. Junaid Jabbar Khan, ASC for
Respondents (in C.P. No. 2508-L of 2017).
Crl. P.L.A. No. 80-P of 2024, decided on 29.5.2024.
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Athar Minallah, JJ.
Mr. Salman Mansoor, ASC for Appellants (in C.A. No. 795-L of 2012). Hafiz M. Tariq Nasim, ASC for Appellants (in C.A. No. 123-L of 2013). Mr. Muhammad Raheel, Deputy Head (HR) PPCBL for Appellants (in C.P. No. 2508-L of 2017). Mian Ahmad Mahmood, ASC for
Respondents (in C.A. No. 795-L of 2012). Mr. Talat Farooq Sheikh, ASC for
Respondents (in C.A. No. 123-L of 2013). Mr. Junaid Jabbar Khan, ASC for
Respondents (in C.P. No. 2508-L of 2017).
GENERAL MANAGER, PUNJAB PROVINCIAL COOPERATIVE BANK, LTD., etc.--Appellants
VERSUS
GHULAM MUSTAFA and others--Respondents
Law: Criminal Procedure Code, 1898 (V of 1898)--
Section: 302, 324, 427, 201 & 34
Protection Against Harassment of Women at Workplace Act, 2010 (IV of 2010)-- ----Ss. 3, 7--Defamation Ordinance, (LVI of 2002), S. 9--Punjab Employees Efficiency, Discipline and Accountability Act, (XII of 2006), Ss. 4(iii) & 13--Constitution of Pakistan, 1973, Art. 10-A--Complaint for sexual harassment--Compulsory retirement from service--Representation before Governor Punjab--Dismissed--Suit for recovery of damages--Decreed--Filing of complaint--Allegation of misconduct--Forfeiture of past service for period of two years--Writ petition--Dismissed--Double jeopardy--Order of Governor was not challenged before High Court--Challenge to--The Petitioner was sued under 2002 Ordinance which primarily covers any wrongful act or false statement, orally or in writing, that may harm or damage reputation of a person as a defamatory action--A decree in suit for defamation was rendered in favour of Respondent No. 1 as harm or damage on account of defamatory action was established--The comparison of decree of defamation and orders under 2010 Act, causing harassment to Respondent No. 1, was totally misconstrued--Order of Governor would be final order on factual side, which could not be then challenged before High Court in constitutional jurisdiction in form and substance of a second appeal on facts of case--Factual findings of both fora below could not be challenged before High Court--The closure of litigation is a fundamental principle for fair trial and due process in terms of Article 10A of Constitution by creating an effective and efficient legal order, and Courts should not unnecessarily make room for further relitigating issues that may lead to misuse of law and travesty of justice--Petition dismissed. [Pp. 693, 694, 695 & 696] A, B, C, D & E c, AOR for Petitioner. Mr. Tehmina Yasmeen Respondent No. 1 (in person). Mr. Sanaullah Zahid, Additional Advocate General Punjab with Muhammad Shahid Rana, Director (S.W.) Rawalpindi for Respondents No. 2-4. Date of hearing: 24.4.2024. Judgment Mrs. Ayesha A. Malik, J.--This Civil Petition impugns Order dated 27.10.2020 (Impugned Order) of the Lahore High Court, Rawalpindi Bench, Rawalpindi (High Court), which dismissed the writ…
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