Getting My case law on disciplinary proceedings To Work
Getting My case law on disciplinary proceedings To Work
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nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair to your offender as well as the Magistracy is to guarantee 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 from other courts but they have failed to 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. The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
Additionally it is important to note that granting of seniority to some civil servant without the actual length of service pretty much violates your complete service structure like a civil servant inducted in Grade seventeen by claiming these benefit without any experience be directly posted in almost any higher grade, which is neither the intention with the regulation nor with the equity. Read more
Should the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and progress according for the regulation. This petition stands disposed of in the above mentioned terms. Read more
Should the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only carried out When the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to steer evidence and also the petitioner company responded to your allegations therefore they were very well aware about the allegations and led the evidence as such this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside of a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever achieved, the Court may well interfere with the summary or the finding and mould the relief to really make it correct for the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Within the aforesaid proposition, we're fortified from the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
To the foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. Though a writ under Article 199 is obtainable in specific limited situations, it can be generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but did not persuade the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation incorporates the names of the parties to the first case, the court in which the case was read, the date it was decided, and the book in which it is recorded. Different citation requirements may possibly consist of italicized or underlined text, and certain specific abbreviations.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that when taking into consideration the case of regular promotion of civil servants, the competent authority should take into account the merit of every one of the qualified candidates and after due deliberations, to grant promotion to these types of suitable candidates who will be found to get most meritorious amongst them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed by the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition is usually dismissed. This is because service in the grievance notice can be a mandatory necessity as well as a precondition for filing a grievance petition. The legislation involves that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
This page contains slip opinions. Slip opinions are the opinions that are filed about the working day that the appellate court issues its decision and are often not the court's final opinion.
10. Based around the findings from the inquiry committee, this petition will not be considered maintainable and is also therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly proven now that the provision for proforma promotion is not alien or unfamiliar for the civil servant service composition however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority could if satisfied that a civil servant who was entitled for being promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to the Federation/ province from the higher post, direct that these types of civil servant click here shall be paid the arrears of shell out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases Within the common law tradition, courts decide the regulation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions steady with the previous decisions of higher courts.