Given that the Supreme Court is the final arbitrator of all cases where the decision is attained, therefore the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
It is also important to note that granting of seniority to some civil servant without the actual length of service almost violates the entire service composition being a civil servant inducted in Grade seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher grade, which is neither the intention of your law nor from the equity. Read more
In case the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and progress according on the regulation. This petition stands disposed of in the above mentioned terms. Read more
Ordinarily, the burden rests with litigants to appeal rulings (including Individuals in very clear violation of proven case regulation) for the higher courts. If a judge acts against precedent, as well as the case is just not appealed, the decision will stand.
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed towards the disposal of the moment petition to the premise that the DIGP Malir will hear the petitioner in addition to private respondents and will get care of all of the components of the case and be certain that no harassment shall be caused to both the parties.
For that foregoing reasons the moment suit is dismissed with no order regarding cost. Office to prepare decree in the above mentioned terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid with the Supreme Court, making sure the enforcement of its judgments. Given that the Supreme Court is the final arbitrator of all cases where the decision has long been achieved, the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) from the Constitution. Read more
The court system is then tasked with interpreting the legislation when it can be unclear how it relates to any given situation, generally rendering judgments based about the intent of lawmakers plus the circumstances from the case at hand. These kinds of decisions become a guide for potential similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a nicely-set up proposition of legislation 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 get more info finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.
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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition might be dismissed. This is because service from the grievance notice is usually a mandatory need and a precondition for filing a grievance petition. The law calls for that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to answer 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) Should the organization is transprovincial.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits could be withheld on account with the allegations leveled against the petitioner, inside our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could possibly be withheld or reduced. In a few cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set from the government.
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Because of their position between the two main systems of regulation, these types of legal systems are sometimes referred to as mixed systems of legislation.
refers to legislation that arrives from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.