However, in an effort to strike a balance between the rights of citizens plus the plans that are executed because of the authorities for that welfare, economic progress and prosperity of the place, the Court didn't come up with a definitive ruling over the pending construction in the grid station, but, with the consent of both parties, ordered a review and report of grid project by the National Engineering Services of Pakistan (NESPAK) to suggest alterations and location alternatives.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, Additionally it is a properly-founded 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 reach 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 during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic 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-recognize the evidence and to arrive at its independent findings about the evidence.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding attained by the disciplinary authority is based on no evidence. Should the conclusion or finding is for instance no reasonable person would have ever attained, the Court may interfere with the summary or perhaps the finding and mildew the relief to make it appropriate to your facts of each 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-recognize the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified by the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. get more info 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-twenty five Approved for Reporting WhatsApp
Typically, the burden rests with litigants to appeal rulings (together with These in crystal clear violation of set up case legislation) into the higher courts. If a judge acts against precedent, as well as case is not appealed, the decision will stand.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is anticipated that the persons possessing their character over board, free from any moral stigma, are to be inducted. Verification of character and antecedents is often a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your 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 do absent with the candidature on the petitioner. Read more
With the foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above mentioned terms. Read more
If a victim is shot at point-blank assortment, it might still be fair to infer that the accused intended death. However, that is not always the case.
The appellant should have remained vigilant and raised his challenge for the Judgment within time. Read more
department concerned shall give the complete list of ACRs of your concerned officer to DPC properly in advance cases for promotin(Promotion)
Even though several websites offer free case law, not all are equally reliable. It’s critical To guage the credibility on the source before counting on the information.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and balance. It demonstrates the commitment with the state to protect its citizens and copyright the rule of legislation.
To invoke section 300 and 302 just because death has occurred is the largest tragedy of all. It does the precise opposite of what a legal system is there to try and do, i.e. protected its citizens.
However, it’s essential to note that the application with the death penalty is subject to several legal safeguards and owing process to ensure fair trials.
This section specifically relates to civil servants that are rendered surplus due to reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are not subject into the provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more