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It is usually important to note that granting of seniority into a civil servant without the actual duration of service virtually violates your entire service framework like a civil servant inducted in Grade 17 by claiming these kinds of benefit without any experience be directly posted in any higher grade, which is neither the intention on the law nor with the equity. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to generally be scrupulously fair towards the offender along with the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court and also from other courts but they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
If your employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a possibility to answer the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only completed If your employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and also the petitioner company responded into the allegations as a result they were nicely aware of the allegations and led the evidence therefore this point is ofno use being looked into in constitutional jurisdiction at this stage. Read more
For that reason, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If this kind of an appeal hasn't nonetheless been decided, it should be addressed. Following that decision, the Petitioner might then search for further recourse before the Service Tribunal. Read more
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has become reached, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. Though a writ under Article 199 is offered in specific limited situations, it really is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-examine witnesses and present his/her defense but did not influence the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons possessing their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do absent with the candidature of the petitioner. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same style of case.
Article 27 in the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment too. The disparity within the shell out scale allowances of Stenographers from the District Judiciary is inside the obvious negation with the law laid down with the Supreme Court in its numerous pronouncements. Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, inside our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may very well be withheld or reduced. In a few cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions established by the government.
The reason for this difference is that these civil legislation jurisdictions adhere into a tradition that the reader should be capable to deduce the logic from the decision plus the statutes.[4]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for becoming entitled for being viewed as for promotion to some higher quality, of course, is not without logic as being the officer who is originally inducted to a particular post needs to serve over the reported post to gain experience to hold the next higher post and to serve the public inside of a befitting method.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It's also a effectively-established proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has website jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.