77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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 is usually a very well-recognized proposition of regulation 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 the fact or evidence while in the Stricto-Sensu, implement 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 in the charge, however, that is topic to the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.
4. Record shows that the petitioner has been booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Regardless that the petitioner has obtained bail in Those people cases, it does, prima facie, set up that the petitioner is prone to repeating the offence.
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This Court may interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. When the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may well interfere with the summary or even the finding and mold the relief to really make it correct to your facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified from the decision of your Supreme Court from the case of Ghulam Murtaza Shaikh v. click here Chief Minister Sindh (2024 SCMR 1757). Read more
only within the ground of miscases remanded & only over the ground of misreading of evidence only on the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Given the legal analysis on the topic issue, we're of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally audio, Moreover promotion and seniority, not absolute rights, They're matter to rules and regulations If your recruitment rules of the topic post allow the case of the petitioners for promotion could possibly be viewed as, however, we're very clear within our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, subject to availability of vacancy topic towards the approval in the competent authority.
Criminal cases Within the common legislation tradition, courts decide the law applicable to some case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Contrary to most civil regulation systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions constant with the previous decisions of higher courts.
To invoke section three hundred and 302 just because death has occurred is the biggest tragedy of all. It does the exact opposite of what a legal system is there to accomplish, i.e. safe its citizens.
A coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Growth Authority’s (WAPDA) construction of an electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter to be a human rights case, as Article 184 (three) from the Pakistan Constitution provides authentic jurisdiction on the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.
The decision further directed the government of Pakistan to ascertain a commission of internationally known and acknowledged scientists to review and rule on upcoming grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power traces.