Article 199 of your Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It's very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. From the light on the position explained earlier mentioned, it can be concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or while in 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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 manner of inquiry or where the summary or finding attained because of the disciplinary authority is based on no evidence. When the conclusion or finding is like no reasonable person would have ever attained, the Court may perhaps interfere with the summary or even the finding and mildew the relief to really make it acceptable for the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we've been fortified because of the decision from the Supreme Court inside 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-twenty five Approved for Reporting WhatsApp
twelve. There isn't any denial from the fact that in Government service it is expected that the persons obtaining their character previously mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is actually a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to complete absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
Use the PACER Case Locator if You're not guaranteed which specific federal court the case was filed. You may additionally conduct nationwide searches to determine whether or not a party is involved in the federal case. This database updates at midnight daily.
The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules may not have the operates within a clear legal and regulatory framework of your respondent/Institute. 14. In view of what has been discussed over, without touching the merits of your case, the preliminary objection regarding the maintainability in the petition is sustained and the petition is held being not maintainable in terms of Article 199 of the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed through the Supreme Court inside the case of Pakistan Electric Power Company supra. Read more
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition could be dismissed. This is because service on the grievance notice is usually a mandatory need in addition to a precondition for filing a grievance petition. The law requires that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
The issue here is that an accused may say that they meant to injure the victim, but they didn't intend to kill them. In other words, they could claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor meant.
department concerned shall provide the complete list of ACRs of your concerned officer to DPC perfectly in advance cases for promotin(Promotion)
When the petitioner is solely present on the place of incidence without causing any injury to your deceased or PWs then in these types of circumstances, whether He's vicariously liable shall be decided via the figured out trial Court after recording with the evidence.
The DCFS social worker in charge from the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report to your court, the worker elaborated about 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.
ten. Without touching the merits in the case of the issue of yearly increases from the pensionary emoluments in the petitioner, in terms of policy decision of the provincial government, this sort of yearly increase, if permissible during the case of employees of KMC, requires further assessment to get made via the court of plenary jurisdiction. KMC's reluctance because of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It may be used to guide the court, but is not binding precedent.
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year old boy from his home to protect him from the Awful pld case laws physical and sexual abuse he experienced experienced in his home, and to prevent him from abusing other children inside the home. The boy was placed within an crisis foster home, and was later shifted around within the foster care system.