refers to your landmark case decided with the Supreme Court of Pakistan in 2012. Listed here’s a brief overview:
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a effectively-proven proposition of regulation 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 the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject matter to your procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we have been in the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally seem, Aside from promotion and seniority, not absolute rights, They can be subject to rules and regulations Should the recruitment rules of the subject post allow the case from the petitioners for promotion might be deemed, however, we've been very clear within our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy issue towards the approval with the competent authority.
The ICAP Staff Service Rules, 2011 were framed because of the respondent/Institute, these rules may well not have the operates within a transparent legal and regulatory framework on the respondent/Institute. fourteen. In view of what has become discussed above, without touching the merits with the case, the preliminary objection regarding the maintainability from the petition is sustained plus the petition is held to generally be not maintainable in terms of Article 199 with the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio in the judgment passed by the Supreme Court from the case of Pakistan Electric Power Company supra. Read more
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
The appellant should have remained vigilant and raised his challenge on the Judgment within time. Read more
This ruling has conditions, and since the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
Knowledge in the accused is often a matter to be inferred from the circumstances, for it being a state of mind, is very hard to get proved otherwise.”
Case regulation, also known as precedent, forms the foundation on the Pakistani legal system. Understanding relevant judgments and rulings is critical for interpreting statutes and predicting legal results. Free access to these resources democratizes legal knowledge, empowering citizens and advertising transparency.
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90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to check here note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for getting entitled to generally be regarded for promotion to a higher quality, of course, is not without logic as the officer that's in the beginning inducted into a particular post needs to serve within the reported post to gain experience to hold the next higher post and to serve the public in a befitting fashion.
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