Case Details

Citation(s)
2024 SLG 4001 2024 PLJ 688, 2024 SLD 4001
Supreme Court of Pakistan
Civil Petition No. 3644 of 2020, decided on 24.4.2024.
Present: Munib Akhtar, Mrs. Ayesha A. Malik and Shahid Waheed, JJ.
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.

Raja TANVEER SAFDAR--Petitioner

VERSUS

Mrs. TEHMINA YASMEEN and others--Respondents

Law:

Section: 3, 7, 9, 4, 13

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.

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