Fascination About ryland vs fletcher case law summary
Fascination About ryland vs fletcher case law summary
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It's also important to note that granting of seniority to the civil servant without the actual size of service almost violates the complete service structure for a civil servant inducted in Grade seventeen by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention from the law nor with the equity. Read more
fourteen. In the light in the position explained earlier mentioned, it can be concluded that a civil servant features a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
This is because transfer orders are typically deemed within the administrative discretion in the employer. However, there can be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
a hundred forty five . 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 moment Petition under Article 199 of the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based on the same factual grounds. While a writ under Article 199 is available in specific limited situations, it is actually generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
However it is made clear that police is free to consider action against any person who's indulged in criminal activities topic to legislation. However no harassment shall be caused on the petitioner, if she acts within the bonds of legislation. Police shall also assure regard in the family lose in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they could act, so far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as a issue of security of the house is concerned, which is not public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has been attained. For that reason, this petition is hereby disposed of inside the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same style of case.
Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity while in the fork out scale allowances of Stenographers inside the District Judiciary is while in the obvious negation with the law laid down through the Supreme Court in its a variety of pronouncements. Read more
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Summaries of cases that shape the lives of younger individuals, guaranteeing a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
Previous four tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, It is usually a well-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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence here and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter to your procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.