SAJJAD HUSSAIN vs PROVINCE OF SINDH, through Secretary Home Department, Sindh Secretariat, Karachi Ss

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SAJJAD HUSSAIN VS PROVINCE OF SINDH, through Secretary Home Department, Sindh Secretariat, Karachi Ss.6(3), 7& 15---Withholding of appointment letter on account of involvement in criminal cases---Concealment of fact as to pendency of criminal cases---Effect---Prerogative of the departmental authority to examine fairly and equitably that the accused/candidate for appointment has been exonerated completely or otherwise---Scope---Person with criminal antecedents not fit for appointment in Police Department---Right of a person to be appointed after acquittal from criminal case on the basis of compromise---Scope---Section 15 of the Sindh Civil Servants Act, 1973 (Act) cannot be read in isolation as even if a person has been appointed being qualified in terms thereof, such an appointment being on probation for a certain period has to be formally confirmed under S.7 of the Act, subject to fulfillment of the proviso to S.6(3) of the Act, which provides that in the case of initial appointment to a service or post, a civil servant shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified as satisfactory in the opinion of the "appointing authority", therefore, even a probationer can be refused confirmation if he does not fulfill the criteria laid down above---It was not appropriate to accommodate the petitioner in the Police Force as his antecedents and character did not appear to be satisfactory for the reason that when he applied for the post of Constable, he failed to disclose his pending criminal case and after obtaining offer letter, when his antecedents were checked, it transpired that he was involved in injury cases and after that he entered into compromise with the complainant party in both the cases and obtained acquittal order under S.345(6), Cr.P.C, one earlier and the second after the offer of appointment---Prima facie, petitioner's antecedents and character did not meet the criterion laid down by law as well as the judgments of the Supreme Court; hence, High Court could not come to rescue the petitioner and direct the respondent Police Department to accommodate him in Police Force as Constable as they had already declined the request of the petitioner in terms of the decisions of the Supreme Court---Constitutional petition was dismissed accordingly.

SAJJAD HUSSAIN vs PROVINCE OF SINDH, through Secretary Home Department, Sindh Secretariat, Karachi Ss — 2024 PLC(CS) 1239 KARACHI-HIGH-COURT-SINDH

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