In the event the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only performed In the event the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence plus the petitioner company responded into the allegations therefore they were nicely aware about the allegations and led the evidence as such this point is ofno use to generally be appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
It is additionally important to note that granting of seniority to the civil servant without the actual length of service nearly violates the entire service construction like a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in almost any higher grade, which is neither the intention with the law nor in the equity. Read more
fourteen. From the light of your position explained higher than, it is actually concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or within 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 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever reached, the Court may perhaps interfere with the summary or even the finding and mould the relief to really make it suitable to your facts of each and every case. In service jurisprudence, read more the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or the nature of punishment. On the aforesaid proposition, we have been fortified through the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
As being the Supreme Court may be the final arbitrator of all cases where the decision is arrived at, therefore the decision with the Supreme Court needs to become taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year outdated boy from his home to protect him from the Awful physical and sexual abuse he experienced suffered in his home, and also to prevent him from abusing other children from the home. The boy was placed in an emergency foster home, and was later shifted close to within the foster care system.
In federal or multi-jurisdictional legislation systems there may perhaps exist conflicts between the assorted decreased appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, Additionally it is a very well-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 achieve a finding of fact or conclusion. 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 conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is 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-appreciate the evidence and to reach at its independent findings on the evidence.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to stick to.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits can be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension might be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.
ten. Based over the findings of your inquiry committee, this petition isn't thought of maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
eight. To the reasons stated over, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is So acceded to. All pending applications, if any, will also be dismissed. Read more
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are founded by executive companies based on statutes.