Helping The others Realize The Advantages Of case law on cash gift
Helping The others Realize The Advantages Of case law on cash gift
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It is usually a effectively-established 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter towards the procedure provided under the relevant rules instead of otherwise, to the 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.
This Court could 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 method of inquiry or where the conclusion or finding arrived at with the disciplinary authority is based on no evidence. If your conclusion or finding is which include no reasonable person would have ever attained, the Court might interfere with the conclusion or even the finding and mold the relief to really make it appropriate on the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Within the aforesaid proposition, we're fortified with the decision with the Supreme Court within 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
12. There isn't any denial from the fact that in Government service it is anticipated that the persons possessing their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
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seventy three . 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 Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is usually dismissed. This is because service of the grievance notice is really a mandatory requirement as well as a precondition for filing a grievance petition. The legislation demands that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In the event the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
The issue Here's that an accused may possibly say that they meant to injure the target, but they did not intend to eliminate them. In other words, they might claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor supposed.
This ruling has conditions, and Considering that the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above mentioned facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
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:Offered the legal analysis on the subject issue, we're of the here view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not legally audio, In addition to promotion and seniority, not absolute rights, They are really subject matter to rules and regulations if the recruitment rules of the topic post permit the case on the petitioners for promotion could possibly be considered, however, we have been distinct inside our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, subject matter to availability of vacancy topic into the approval of your competent authority.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered with the parties – specifically regarding the issue of absolute immunity.
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It is additionally important to note that granting of seniority to a civil servant without the actual size of service just about violates the entire service construction for a civil servant inducted in Quality 17 by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the regulation nor from the equity. Read more