The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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When the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only performed When the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence and the petitioner company responded to the allegations as such they were properly conscious of the allegations and led the evidence as a result this point is ofno use being appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
It is usually important to note that granting of seniority to a civil servant without the actual duration of service practically violates the whole service structure to be a civil servant inducted in Grade 17 by claiming such benefit without any experience be directly posted in almost any higher grade, which is neither the intention with the legislation nor from the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to become scrupulously fair for the offender as well as Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court in addition to from other courts However they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
The plenty of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it can be made apparent that police is free to acquire action against any person that's indulged in criminal activities issue to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-industry duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
This Court might interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or even the finding and mold the relief to really make it ideal for the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or even the nature of punishment. Over the aforesaid proposition, we have been fortified because of the decision with the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
However it really is made clear that police is free to just take action against any person who is indulged in criminal activities subject matter to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also ensure regard in the family lose in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate to be a issue of security of your house is concerned, which is not really public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has long been obtained. As a result, this petition is hereby disposed of during the terms stated over. Read more
Apart from the rules of procedure for precedent, the burden specified to any reported judgment may well rely upon the reputation of both the reporter as well as judges.[seven]
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 really 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 some Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to perform away with the candidature with the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that although contemplating the case of standard promotion of civil servants, the competent authority must look at the merit of all the suitable candidates and after due deliberations, to grant promotion to this sort of eligible candidates who're found to become most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy within the part on the respondent department.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of your police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, be certain legislation and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair on the offender along with the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this website Court as well as from other Courts, but they have failed to have any corrective effect on it.
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 in the respondents that pensionary benefits might be withheld on account with the allegations leveled against the petitioner, within our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension might be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set from the government.
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case law refers to 2 cases heard from the state court, within the same level.
Because the Supreme Court could be the final arbitrator of all cases where the decision has long been arrived at, therefore the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The figured out Tribunal shall decide the case on merits, without being influenced through the findings during the Impugned order, after recording of evidence in the respective parties. Read more