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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 your main case, Additionally it is a nicely-founded 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter into the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings to the evidence.

This Court could interfere where the authority held the proceedings against the delinquent officer in a very manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. When the summary or finding is like no reasonable person would have ever arrived at, the Court might interfere with the conclusion or maybe the finding and mildew the relief to make it ideal for the facts of each and every 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 the nature of punishment. Around the aforesaid proposition, we're fortified because of the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

When there isn't any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds very little sway. Still, if there is not any precedent inside the home state, relevant case regulation from another state might be deemed via the court.

Individual researchers working on defined research projects intended for scholarly work can utilize the connected form (PDF) to request PACER payment exemptions from multiple courts.

The case addresses An array of issues like, environmental protection, and an expansive interpretation in the right to life.

If a target is shot at point-blank range, it could still be fair to infer that the accused supposed death. However, that is not really always the case.

The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more

9.  Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.

Although numerous websites offer free case law, not all are equally reliable. It’s critical To judge the credibility with the source before depending on the information.

The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, and in her six-thirty day period report towards the court, the worker elaborated within the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

Article 199 with the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's properly-settled that an aggrieved person website must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's effectively set up now that the provision for proforma promotion is not alien or unfamiliar towards the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may possibly if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service for the Federation/ province while in the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

This section specifically relates to civil servants who are rendered surplus as a result of reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are not topic 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 implement to non-civil servants. Read more