ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P No. D-822 of 2016

Date	Order with signature of Judge

For Katcha Peshi.

01-06-2016

Ms. Rizwana Jabeen Siddiqui, advocate for the petitioner.

Mr. Safdar Ali Kanasiro, advocate for respondents No.7 and 8 a/w SPO Shoukat Ali Bhatti, Admin Officer, NHA and Motorway Police Gambat and SPO Anwar Saeed.

Mr. Mian Mumtaz Rabbani, learned D.A.G.

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Pursuant to court directions, the petitioner has shown appearance along with her advocate, who submits that she has apprehended dishonor action by the respondents in the garb of some purported complaint which was managed by respondent No.7, who is causing harassment to the petitioner. Learned counsel for the petitioner submits that petitioner has been running from pillar to post in order to seek justice and has written letters to the superiors, however, since the grievance of the petitioner was not redressed, therefore, she has filed instant petition and seeks protection. Learned counsel for the petitioner submits that the inquiry which is conducted by the respondents department on the basis of the frivolous purported complaint of the private individuals does not fall within the domain of the departmental inquiry as such complaint refers to some private transaction which otherwise is totally false, frivolous and baseless and has not been supported by any material or documents but on the contrary it has been managed by the respondent No.7, who pressurized the petitioner so that she may withdraw from her complaint against him and the respondent department. It has been contended that petitioner has been recently transferred to Beat No.28-Gambat and is presently required to join the training at Lahore. Learned counsel further contended that the petitioner will be satisfied if the instant petition is disposed of by quashing the inquiry of any proceedings pending against the petitioner pursuant to such inquiry, whereas the respondent No.7 may be restrained from any further harassment to the petitioner.

Pursuant to court notice, SPO Shoukat Ali Bhatti, Admin Officer, NHA and Motorway Police Gambat (respondent No.7) and SPO Anwar Saeed have shown appearance and filed detailed comments, wherein the allegations as contained in the instant petition have been denied. It has been categorically stated that neither the respondent No.7 has caused any harassment to the petitioner nor he has managed any complaint against the petitioner, as argued by the learned counsel for the petitioner. He has further stated that he has un-blamed service record and has never indulged in any immoral activities as alleged in instant petition by the petitioner, however, he has undertaken that neither he will harass the petitioner nor will make any effort to create any hostile environment for the petitioner.

Learned D.A.G. and learned counsel for respondents No.7 and 8 does not oppose the dismissal of instant petition in the aforesaid terms.

Accordingly instant petition is disposed of with directions that the inquiry or proceedings pending against the petitioner pursuant to purported complaint filed by private individuals, namely, Qaim Hussain and Bashir Ahmed are hereby quashed as the same appears to be managed, concocted and baseless, otherwise refers to some private transaction between the parties, prima facie does not fall within the domain of departmental inquiry or action against the petitioner which is required to be dealt as per relevant rules of the National Highways and Motorways department. The undertaken given by the respondent No.7 is taken on record and it is expected that the respondent No.7 or any other officer working in the National Highways and Motorways Department shall ever create any hostile environmental for their colleagues. On the contrary, they are required to create such environment with whom women should perform their duties in good atmosphere with the sense of security and honour.

Instant petition is disposed of in the aforesaid terms.

Judge

Abdul Salam/P.A