1333/2025 Const. P. Muhammad Anjum (Petitioner) V/S Govt of Sindh & Others (Respondent)

1333/2025 Const. P. Muhammad Anjum (Petitioner) V/S Govt of Sindh & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 10-APR-25

5. The Supreme Court in the recent judgment in the case of Sakhib Zar vs. M/s K-Electric Limited & others ( 2024 SCMR 1722) has held that even 10 days??? absence without leave is quantified as misconduct and on proving the guilt of the employee after fulfilling the requisite formalities envisaged under the law, and that could not be modified. No premium or advantage could be given on this count for any compassionate or sympathetic view. The management has a legitimate and unbridled right and authority to make a decision and mete out the punishment as provided under the law, including the dismissal/termination of service of a delinquent. 6. The Supreme Court further held that the distinction between the act of misconduct and the quantum of punishment provided under the law for such misconduct. Likewise, different acts of misconduct are defined in the different laws with different quantum or genres of punishments to be 5 imposed according to the fine sense of judgment of the competent authority/management/employer, in which the Courts have no role to play in the decision making of management which is the sole arbiter.