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93 . 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 also a properly-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 achieve 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 summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter to the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings to the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever reached, the Court may perhaps interfere with the conclusion or the finding and mildew the relief to make it proper to the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified through the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Specified the legal analysis on the subject issue, we are with the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not really legally audio, Apart from promotion and seniority, not absolute rights, They're subject to rules and regulations If your recruitment rules of the topic post permit the case on the petitioners for promotion might be thought of, however, we've been very clear in our point of view that contractual service cannot be viewed as for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy topic towards the approval with the competent here authority.
lengthy period petitioner wasn't regarded as for promotion, meeting of your departmental promotion committee and think about the petitioner (Promotion)
Article 27 from the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment as well. The disparity during the pay scale allowances of Stenographers inside the District Judiciary is inside the very clear negation in the regulation laid down via the Supreme Court in its many pronouncements. Read more
Where there are several members of the court deciding a case, there can be 1 or more judgments specified (or reported). Only the reason to the decision of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning can be adopted in an argument.
There are plenty of scenarios where death was never intended – even more where those nominated inside the FIR were not present when the injury or death occurred. The death of the human being is a tragic event. However the death of any living being is no significantly less a tragic event.
P.C. Liability of petitioners to the claimed offences would be determined via the uncovered trial Court after sifting the evidentiary worthy of with the material manufactured before the same. Till then, case of
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent along with the case under appeal, Most likely overruling the previous case regulation by setting a completely new precedent of higher authority. This might occur several times because the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his progress of the concept of estoppel starting within the High Trees case.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment in the state to protect its citizens and copyright the rule of law.
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14. Within the light in the position explained over, it's concluded that a civil servant features a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more