Getting My case law on disciplinary proceedings To Work
Getting My case law on disciplinary proceedings To Work
Blog Article
33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of your police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, assure legislation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair towards the offender plus the Magistracy is to make sure 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 Court and also from other Courts, However they have didn't have any corrective effect on it.
Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It truly is effectively-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Today tutorial writers tend to be cited in legal argument and decisions as persuasive authority; normally, They may be cited when judges are attempting to carry out reasoning that other courts have not but adopted, or when the judge thinks the academic's restatement of your legislation is more compelling than can be found in case regulation. Hence common regulation systems are adopting one of many strategies extended-held in civil regulation jurisdictions.
If the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced a possibility to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only done When the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence and the petitioner company responded for the allegations as a result they were well conscious of the allegations and led the evidence as a result this point is ofno use to generally be appeared into in constitutional jurisdiction at this stage. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside 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 reached from the disciplinary authority is based on no evidence. When the conclusion or finding is like no reasonable person would have ever attained, the Court could interfere with the conclusion or even the finding and mould the relief to really make it correct into the facts of each and every 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-appreciate the evidence or maybe the nature of punishment. On the aforesaid proposition, we are fortified by the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Most of the volumes (like more recent volumes than the library's holdings) also are available online through the Caselaw Access Project.
Apart from the rules of procedure for precedent, the load presented to any reported judgment could count on the reputation of both the reporter and the judges.[7]
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it truly is handy to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on benefit and more importantly when after recording of evidence it's got reached to some stage of final arguments, endeavors should be made for benefit disposal when it's achieved such stage. Read more
, 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 around the same variety of case.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to stick to.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within ninety days. In the event the appeal isn't decided within that timeframe, he/she will then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times with the department to act has already expired. About the aforesaid proposition, here we're guided with the decision from the Supreme Court from the case of Dr.
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must use the previous court’s decision in implementing the law. This example of case regulation refers to two cases read within the state court, at the same level.
eight. For the reasons stated over, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is As a result acceded to. All pending applications, if any, also are dismissed. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 for the main case, it is also a properly-founded proposition of law 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 during the Stricto-Sensu, apply 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 subject matter towards the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.