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ABDUL KARIM LASHARI vs The GOVERNOR OF SINDH S — 2025 CLC 734 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLC 734 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLC
Parties
ABDUL KARIM LASHARI vs The GOVERNOR OF SINDH S
Subject matter
Service
Provisions referred to
S. 4; Workplace Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL KARIM LASHARI VS The GOVERNOR OF SINDH S. 4(4)(ii)(c)---Constitution of Pakistan, Art. 199---Constitutional petition---Harassment at workplace---Doctrine of election (of remedies)---Removal from service---Petitioner was proceeded departmentally for causing harassment at workplace and was removed from service under section 4 (4)(ii)(c) of Protection Against Harassment of Women at the Workplace Act, 2010---Plea raised by petitioner was that respondent/complainant invoked jurisdiction under Protection Against Harassment of Women at the Workplace Act, 2010, during pendency of departmental proceedings---Validity---In sexual harassment cases where remedy of complaint before department was extremely sluggish and often ineffective, the concept of election (of remedy) would not be applied---Respondent/complainant had abandoned her (departmental) complaint as it appeared to be going nowhere and had filed complaint before Ombudsman---Complaint under Protection Against Harassment of Women at the Workplace Act, 2010, gave more private, efficacious and speedy remedy in connection with a highly sensitive and personal matter, namely sexual harassment---Doctrine of election was inapplicable under Protection Against Harassment of Women at the Workplace Act, 2010 unless a decision had already been rendered by either the Ombudsman or Inquiry Committee---Ombudsman had full power under Protection Against Harassment of Women at the Workplace Act, 2010 to remove petitioner from service---High Court in Constitutional jurisdiction could not go into factual controversies and minutely examine evidence on record---High Court declined to interfere in the orders passed against the petitioner---Constitutional petition was dismissed, in circumstances.

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