refers into a landmark case decided through the Supreme Court of Pakistan in 2012. Below’s a brief overview:
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It's also a well-founded 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 jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, utilize 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 from the charge, however, that is matter for the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings around the evidence.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, since the criminal Court has not convicted the petitioner, relatively he has long been acquitted with the criminal charges based on evidence and it is perfectly-settled regulation that once the civil servant is acquitted within the criminal case, then on this really charge he cannot be awarded in almost any punishment from the department and held him disqualified for your post because acquittal for all long run purposes. The aforesaid proposition has been established at naught via the Supreme Court of Pakistan in the case of the District Police Officer Mainwali and a couple of others v.
Some bodies are given statutory powers to issue assistance with persuasive authority or similar statutory effect, such as the Highway Code.
Utilize the PACER Case Locator if you are not confident which specific federal court the case was filed. You may also conduct nationwide searches to determine whether or not a party is involved within a federal case. This database updates at midnight each day.
Article 27 in the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment likewise. The disparity during the pay out scale allowances of Stenographers while in the District Judiciary is while in the apparent negation with the legislation laid down because of the Supreme Court in its numerous pronouncements. Read more
whether although granting promotion senior employees were thought of for promotion or otherwise and submit the compliance report.(Promotion)
In federal or multi-jurisdictional regulation systems there might exist conflicts between the different reduce appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
This case has become cited in various subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and the rule of law.
If your employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished In the event the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence and the petitioner company responded on the allegations therefore they were effectively aware about the allegations and led the evidence as a result this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Read more
Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It's nicely-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for getting to be entitled being regarded as for promotion to some higher grade, of course, is just not without logic as being the officer that's to begin with inducted to the particular post needs to provide over the claimed post to gain experience to hold the next higher post also to click here provide the public in the befitting way.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination of the current case are called obiter dicta, which represent persuasive authority but usually are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]