ABDUL GHANI vs PROVINCE OF SINDH through Secretary Home Department, Karachi Ss

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ABDUL GHANI VS PROVINCE OF SINDH through Secretary Home Department, Karachi Ss.6(3) & 15---Civil service---appointment in Police Department---Non-issuance of appointment letters owing to involvement in criminal cases of moral turpitude---Discretionary powers of appointing authority to verify character and antecedent---Scope---Contention of the petitioners was that they had been acquitted/discharged in criminal case on different counts, therefore, they were entitled to issuance of appointment letters---Validity---Section 15 of the Sindh Civil Servants act, 1973 (act) could not be read or interpreted in isolation as it has a very meaningful and genuine nexus with the proviso to S.6(3) of the act, which rests the entire case of an employee onto his good character and antecedents being satisfactory in the opinion of the appointing authority, therefore, the exception in S. 15 is not absolute as if even someone has crossed the threshold of this provision, his appointment would still be subject to the discretion of the appointing authority insofar as his antecedents and good character is concerned---Permitting someone into an employment depends entirely on discretion of the employer, whereas, no right is created by taking shelter under S.15---Being nominated in a crime does not automatically disqualify someone from holding a government job, however, the severity of the crime and the alleged involvement will determine whether someone with a criminal record can be appointed to a government position and this exercise is best carried out by the appointing authority and not the Court as each and every case needs to be evaluated based on the relevant facts---Often police personnel involve themselves in heinous crimes and even if they are apprehended, they are let off by the Courts due to faulty and supportive investigation by their brothren by extending the benefit of doubt---Such practice must stop and Courts were also required to play their part and let it be decided by the Executive/appointing authority, which in all fairness is in a much better position to ascertain true facts and the relevant ground realities---High Court ruled that the petitioners could not be accommodated in police employment due to unsatisfactory antecedents, therefore, their petitions were dismissed, except for those discharged by the court and those having cases with cancelled police reports under S.173, Cr.P.C.---Constitutional petition was partially allowed.

ABDUL GHANI vs PROVINCE OF SINDH through Secretary Home Department, Karachi Ss — 2024 PLC(CS) 1263 KARACHI-HIGH-COURT-SINDH

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