Article 199 on the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It is actually effectively-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, it is also a well-recognized 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 reach 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 while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter towards the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings over the evidence.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal towards the deceased was caused via the petitioner but in support of opinion from the Investigating Officer no iota of evidence is on the market around the file and mere ipsi dixit of police will not be binding about the Court.
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record with the department there is no record offered whatsoever regarding promotion of the petitioner(Promotion)
4. It goes without saying that observations made hereinabove are just tentative in nature and strictly confined towards the disposal of immediate bail petition.
seventy three . 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 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition can be dismissed. This is because service with the grievance notice is often a mandatory requirement in addition to a precondition for filing a grievance petition. The law calls for that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. In the event the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) If your organization is transprovincial.
whether although granting promotion senior employees were viewed as for promotion or otherwise and submit the compliance report.(Promotion)
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
VI) The petitioner is behind the bars considering the fact that arrest, investigation in the case is complete, he isn't any more demanded for that purpose of investigation and at this stage to help keep him behind the bars before conclusion of trial will serve no practical purpose.
If your employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a chance to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only completed When the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence and also the petitioner company responded for the allegations as such they were perfectly mindful of the allegations and led the evidence as such this point is ofno use to generally be looked into in constitutional jurisdiction at this stage. Read more
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
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a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, within our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld website or reduced if he/she fails to comply with certain conditions established from the government.