case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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It is also important to note that granting of seniority to your civil servant without the actual duration of service almost violates your complete service structure as being a civil servant inducted in Grade 17 by claiming these benefit without any experience be directly posted in any higher grade, which is neither the intention of the legislation nor with the equity. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair into the offender along with the Magistracy is to make certain 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 regulation and order situation have been the topic of adverse comments from this Court and also 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 a lot of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made distinct that police is free to acquire action against any person who's indulged in criminal activities issue to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties within the interim period. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, since the criminal Court hasn't convicted the petitioner, relatively he has actually been acquitted of your criminal charges based on evidence and it is nicely-settled law that once the civil servant is acquitted within the criminal case, then on this really charge he cannot be awarded in any punishment through the department and held him disqualified for your post because acquittal for all potential purposes. The aforesaid proposition has become set at naught with the Supreme Court of Pakistan while in the case in the District Police Officer Mainwali and 2 others v.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—will be the principle by which judges are bound to this sort of past decisions, drawing on proven judicial authority to formulate their positions.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically produce exoneration from departmental charges based around the same factual grounds. Even though a writ under Article 199 is on the market in specific limited situations, it is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
The court system is then tasked with interpreting the legislation when it is unclear the way it applies to any supplied situation, typically rendering judgments based within the intent of lawmakers along with the circumstances in the case at hand. This kind of decisions become a guide for foreseeable future similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, it is also a well-founded 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 within the Stricto-Sensu, apply 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 in the charge, however, that is subject matter for the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings over the evidence.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to abide by.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is properly-settled that the civil servants must first read more pursue internal appeals within ninety days. In the event the appeal isn't decided within that timeframe, he/she will then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days for your department to act has already expired. Over the aforesaid proposition, we have been guided because of the decision on the Supreme Court during the case of Dr.
Statutory laws are Individuals created by legislative bodies, for instance Congress at both the federal and state levels. While this sort of legislation strives to form our society, giving rules and guidelines, it would be impossible for just about any legislative body to anticipate all situations and legal issues.
Where there are several members of a court deciding a case, there might be a person or more judgments provided (or reported). Only the reason with the decision in the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning could possibly be adopted in an argument.
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 usually a nicely-set up 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 achieve 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to your procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.