Getting My case law on disciplinary proceedings To Work
Getting My case law on disciplinary proceedings To Work
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives on the police is to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, be certain regulation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair for the offender and the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court together with from other Courts, However they have didn't have any corrective effect on it.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It truly is very well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In that sense, case regulation differs from a single jurisdiction to another. For example, a case in Ny would not be decided using case law from California. As a substitute, Ny courts will examine the issue counting on binding precedent . If no previous decisions around the issue exist, New York courts may well evaluate precedents from a different jurisdiction, that would be persuasive authority somewhat than binding authority. Other factors which include how previous the decision is along with the closeness into the facts will affect the authority of the specific case in common legislation.
The plenty of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it's made apparent that police is free to choose action against any person who's indulged in criminal activities subject to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area duties during the interim period. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. In the event the conclusion or finding is for example no reasonable person would have ever achieved, the Court may perhaps interfere with the conclusion or the finding and mould the relief to really make it ideal towards the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Over the aforesaid proposition, we're fortified from the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In order to preserve a uniform enforcement in the laws, the legal system adheres to your doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but did not convince the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation features the names from the parties to the first case, the court in which the case was read, the date it was decided, along with the book in which check here it's recorded. Different citation requirements may perhaps contain italicized or underlined text, and certain specific abbreviations.
Some bodies are given statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.
139 . 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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition can be dismissed. This is because service from the grievance notice can be a mandatory requirement as well as a precondition for filing a grievance petition. The legislation needs that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to answer 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) When the organization is transprovincial.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police to get scrupulously fair to the offender and the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
These lists are sorted chronologically by Chief Justice and involve all notable cases decided from the court. Articles exist for almost all cases.
8. For that reasons stated previously mentioned, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is Hence acceded to. All pending applications, if any, will also be dismissed. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, it is also a nicely-proven 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 succeed in 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, implement 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 issue to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings about the evidence.