refers to a landmark case decided from the Supreme Court of Pakistan in 2012. Below’s a brief overview:
Even though the punishment may very well be severe, its purpose will not be solely to seek vengeance but to discourage probable offenders and copyright the principles of justice and social order.
This Court could interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained with the disciplinary authority is based on no evidence. When the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may interfere with the summary or perhaps the finding and mold the relief to really make it ideal on the facts of each 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-take pleasure in the evidence or maybe the nature of punishment. Over the aforesaid proposition, we're fortified by the decision with the Supreme Court in 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Statutory laws are those created by legislative bodies, including Congress at both the federal and state levels. When this type of legislation strives to form our society, giving rules and guidelines, it would be not possible for just about any legislative body to anticipate all situations and legal issues.
extensive period petitioner wasn't thought of for promotion, meeting on the departmental promotion committee and take into account the petitioner (Promotion)
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal aid may be expensive and challenging to acquire.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we have been with the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not really legally seem, besides promotion and seniority, not absolute rights, They're matter to rules and regulations In case the recruitment rules of the topic post allow the case on the petitioners for promotion could be regarded as, however, we've been crystal clear within our point of view that contractual service cannot be regarded for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy subject matter to your approval with the competent authority. Read more
The Court thought of the case to become maintainable under Article 184 (3) since the danger and encroachment alleged were including to violate the constitutional right to life when interpreted expansively.
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Even though the few experienced two younger children of their individual at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple had young children.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station resulting from opportunity health risks and dangers.
As a result, it absolutely was held that the right to some healthy environment was part of the fundamental right to life and right to dignity, under Article nine and 14 on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these kinds of amenities click here and amenities that a person is entitled to appreciate with dignity, legally and constitutionally.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved unless case is attempted(Bail Matters)
13309-B of 2010 for being weak types of evidence along with the evidentiary value whereof would be viewed on the time of your trial. The investigation of this case has already been finalized and, thus, confirmed custody on the petitioner in jail is unlikely to provide any valuable purpose at this stage.”
14. Inside the light on the position explained previously mentioned, it truly is concluded that a civil servant provides a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or within the form of inquiry and departmental action was so taken against his right of promotion. Read more