As the Supreme Court could be the final arbitrator of all cases where the decision is attained, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
For legal professionals, there are specific rules regarding case citation, which range depending about the court and jurisdiction hearing the case. Proper case regulation citation in the state court will not be correct, or perhaps accepted, at the U.
14. From the light of the position explained previously mentioned, it really is concluded that a civil servant features a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or within 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
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184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not implement, given that the criminal Court hasn't convicted the petitioner, rather he has actually been acquitted of the criminal charges based on evidence and it truly is very well-settled regulation that once the civil servant is acquitted in the criminal case, then on this extremely charge he cannot be awarded in any punishment through the department and held him disqualified to the post because acquittal for all long run purposes. The aforesaid proposition has long been established at naught by the Supreme Court of Pakistan within the case in the District Police Officer Mainwali and a pair of others v.
Although there is not any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds small sway. Still, if there isn't any precedent in the home state, relevant case regulation from another state could possibly be regarded as via the court.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based within the same factual grounds. While a writ under Article 199 is on the market in specific limited situations, it's generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but did not encourage the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons obtaining their character above board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service will 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 do absent with the candidature of the petitioner. Read more
In some jurisdictions, case regulation is often applied to ongoing adjudication; for example, criminal proceedings or family regulation.
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182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits could possibly be withheld on account with the allegations leveled against the petitioner, inside our view, section 20 with 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 include things like if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set through the government.
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Because the Supreme Court may be the final arbitrator of all cases where the decision continues to be achieved, therefore the decision of your Supreme Court needs to become taken care of as directed in terms of Article 187(2) of case definition law the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The realized Tribunal shall decide the case on merits, without being influenced because of the findings while in the Impugned order, after recording of evidence from the respective parties. Read more
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